Where a plea to a lesser offence is not accepted, the ambiguity inherent in the plea must be resolved before the trial proceeds; failure to do so may lead to confusion affecting the conduct of the case and uncertainty in the verdict amounting to a miscarriage of justice. Multiple alternative paths to conviction left to the jury, particularly where they involve different applications of a statutory presumption, may create impermissible complexity and render the verdict uncertain. Trial judges should avoid explaining statutory presumptions in terms of a 'change of onus' to avoid confusing the presumption with the overall prosecution onus.
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