Where the Crown relies on basic (not extended) joint criminal enterprise for manslaughter by unlawful and dangerous act, the trial judge must direct the jury that the agreement must have contemplated an act exposing the victim to an appreciable risk of serious injury; a direction referring only to an agreement to commit physical violence or assault is insufficient. Crown non-disclosure of prior inconsistent statements of a critical witness, even if inadvertent, will result in a miscarriage of justice where the material would have provided a fertile area of cross-examination on the witness's credit.
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