Where written directions to a jury postulate accessorial liability as an alternative basis for a murder conviction, the trial judge must direct the jury that the Crown must prove the particular accused knew or was aware that the person who did the fatal act intended to kill or cause grievous bodily harm. Evidence that an accused attempted to set up a false alibi through a third party is evidence of consciousness of guilt requiring a direction analogous to that required under Edwards v The Queen for lies. The proviso to s 6(1) of the Criminal Appeal Act 1912 cannot be applied where there is imprecision about the role of each co-accused in a killing, because it cannot be said an appropriately instructed jury would inevitably have convicted of murder.
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