Where an offender is sentenced for a joint criminal enterprise offence, the sentencing judge must not find beyond reasonable doubt that the offender personally physically assaulted the victim unless the evidence is sufficient to support that finding to the criminal standard. Where such a finding is not open, the offender's moral culpability is correspondingly reduced. The case also confirms that a compendious approach to hearsay admissibility under s 65(2) of the Evidence Act 1995 is not erroneous where the limited representations are to a similar effect and the representation of importance is readily identifiable.
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