Manslaughter is not a viable alternative verdict on a constructive murder charge where the fatal attack was intrinsically involved in the commission of the foundational robbery offences and the Crown cannot establish manslaughter by reference to an independent unlawful and dangerous act outside the joint enterprise. Constructive murder is not to be regarded as inherently less serious than other categories of murder for sentencing purposes. Where a comprehensive s 165 warning is given regarding an indemnified accomplice, no additional Longman warning is required.
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