Where a complaint witness's version of a threat varies materially from the complainant's own evidence (here, 'cut' versus 'fuck'), the variant version must be excluded under s 137 Evidence Act 1995 if it carries a danger of unfair prejudice that outweighs its probative value; the appropriate course is for the Crown to lead evidence of complaint without the prejudicial variant. For extended joint criminal enterprise, the Crown must establish beyond reasonable doubt that the co-offender contemplated the specific mental state of the principal offender against an incidental victim, not merely that the incidental victim might be harmed.
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