A trial judge's direction to the jury on a basis of criminal responsibility not advanced by and expressly disavowed by the prosecution constitutes a miscarriage of justice that deprives the accused of a fair trial, even where the judge considers the prosecution's chosen basis to be legally flawed. Where the prosecution deliberately disavows a particular basis of liability, the State should not be permitted on retrial to reverse that decision, and acquittal rather than retrial is the appropriate order. Assisting in the 'processing' of drugs does not, without more, establish either aiding another's possession or joint possession of the drugs.
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