R v King (2004) 59 NSWLR 515, which held that the Gilbert v The Queen manslaughter principles applied to all lesser included offences, has been impliedly overruled by James v The Queen. The duty to leave lesser alternative verdicts is governed by what justice to the accused requires, not by a rule that every viable alternative must be left. Where alternative counts arise from a single episode of criminality, different verdicts on different alternatives are not inconsistent where the alternatives have different legal elements reflecting distinct factual issues.
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