Directions on extended joint criminal enterprise for murder must require the jury to find that the co-offender contemplated the possibility that the principal would act with the intention to kill or cause grievous bodily harm — it is not sufficient to direct merely that the co-offender contemplated the possibility of the act (firing a gun) without reference to the accompanying murderous intent. An intention to kill and premeditation are usual elements of a mid-range murder and do not of themselves elevate objective seriousness above mid-range. Where a jury note is overlooked and the parties are not given an opportunity to make submissions on the jury's request for clarification, a miscarriage of justice results.
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