Where the prosecution case is that the accused was the dealer who brought drugs to a location for sale, an acknowledgment that the evidence does not definitively establish whether a sale was completed before police intervention does not create alternative factual bases for conviction requiring an extended unanimity direction. The isolated nature of an offence is a mitigatory circumstance which the defendant bears the onus to establish; failure to establish it results in a heavier sentence reflecting personal deterrence, but this is not punishment for uncharged conduct.
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