In a murder trial based on extended joint criminal enterprise, the jury must be directed that they need to be satisfied beyond reasonable doubt that the accused foresaw the possibility that the co-accused would act with the intention to inflict grievous bodily harm — foresight of the consequence alone is insufficient. Where the Crown cannot prove the accused personally inflicted the fatal injuries, manslaughter by unlawful and dangerous act must be left on the basis of joint criminal enterprise if reasonably open on the evidence, not merely on the otiose basis that the accused was the actor. A written question trail that omits an essential mental element provides a 'false path' to conviction and is likely to override any correct oral direction.
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