A trial judge must leave manslaughter as an alternative verdict in a murder case based on joint criminal enterprise where the evidence is capable of supporting a finding that the agreement between the co-accused was for the infliction of harm falling short of grievous bodily harm, even where no request is made by defence counsel. Where the Crown relies on threats to witnesses as consciousness of guilt evidence, full Edwards directions must be given identifying the threats, the possible innocent explanations, and the specific offence to which the consciousness of guilt must relate. A full Azzopardi direction is desirable where a co-accused gives evidence and the accused does not, consciousness of guilt evidence is relied upon, and there is no evidence of police interviews in which the accused denied the allegations. An offence committed 'in company' requires not merely the physical presence of another person but that the other person shared a common purpose with the accused to commit the offence.
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