Where an accused pleads guilty to manslaughter but contests murder, and the forensic evidence cannot identify which of multiple acts of violence caused death, the trial judge is not required to direct the jury on unanimity as to which acts were committed. The only unanimity requirement relates to the essential ingredient of intention. A 'shortlist' direction requiring the jury to be unanimous as to which acts either did or may have substantially contributed to death, and then to assess intention for all such acts, is a proper direction.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.