The Pemble principle requiring trial judges to leave viable lesser offences to the jury applies to all criminal offences, not just murder/manslaughter. On an indictment for armed robbery under s 97(1) of the Crimes Act 1900 (NSW), robbery simpliciter is available as an alternative verdict at common law without needing to be separately charged. A trial judge must leave a lesser offence where conviction on it is a viable outcome on the evidence, even if neither party seeks it, unless the alternative is comparatively trifling and remote from the real point of the case.
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