Where the Crown puts a murder case on alternative bases of principal liability and joint criminal enterprise resting on substantially the same factual foundation, no direction is required that the jury be unanimous as to the basis for conviction. The use of sequential handout documents directing the jury to consider the second basis only if not satisfied on the first provides a practical mechanism to ensure unanimity in any event. A three-year difference in sentences between co-offenders for the same murder does not give rise to a justifiable sense of grievance where the difference is explained by distinguishable personal circumstances including acquired brain injury and childhood background.
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