In a multi-strand circumstantial murder case, the source and type of a weapon (here, insulin) need not be proved beyond reasonable doubt as an indispensable intermediate fact where the circumstantial evidence is wide-ranging. The O'Donoghue test governs appellate review of a sentencing judge's factual findings: error is shown only where there is no evidence to support a finding, the evidence is all one way, or the judge misdirected himself. Where two counts of murder arise from the same series of events at the same location on the same night, they may properly be characterised as a single transaction and tried together.
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