Where alternative formulations of liability rest on materially different factual foundations involving different defences, a separate pathways direction requiring jury unanimity as to the pathway to guilt is not merely permissible but necessary. The prosecution may confine its case to a single pathway to avoid unnecessary complexity. A written jury aid that is lengthy but contains no errors of law and is consistent with oral directions does not give rise to a miscarriage of justice merely by reason of its length or complexity.
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