A trial judge may explain to the jury the legal basis on which a co-offender pleaded guilty to murder (as a party to a joint criminal enterprise) where the explanation is directed to removing speculation about an apparent inconsistency between the guilty plea and the co-offender's evidence denying a principal role in the killings. The Crown prosecutor's characterisation of an accused's admissions to undercover police as 'downplaying' involvement is a permissible submission where it is open on the evidence before the jury, even if excised portions of the recordings might support a different characterisation. The question whether Crown prosecutor conduct has prejudiced the jury is best assessed by the trial judge who has absorbed the atmosphere of the trial.
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