Chapman v R

Where the Crown charges supply of a prohibited drug and relies on alternative factual bases involving different physical drugs found in different locations, the case may fall into the second Walsh v R category requiring jury unanimity on the factual basis of liability. The manslaughter analogy (permitting conviction without unanimity as to the basis of liability) does not readily apply to drug supply offences where the alternative factual bases involve materially different facts. However, where the Crown confines its case to deemed supply based on possession of a traffickable quantity at one location, no duplicity issue arises even if drugs were also found at another location.