Where alternative legal formulations of liability (joint criminal enterprise and aiding) rest on the same or substantially similar factual foundation, the jury need only be unanimous in the verdict and need not all arrive at the same verdict by the same pathway. A trial judge cannot be said to have erred in failing to disqualify for bias where no application for disqualification was made. Experienced trial counsel's failure to raise issues at trial (such as admissibility of surveillance evidence or late disclosure) weighs heavily against those issues being raised on appeal as grounds of miscarriage of justice.
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