Where someone could have been killed by two possible means which were completely different acts, occurring at different times, a jury ought to be unanimous on which act led to the decision to convict. However, on the facts and despite the lack of a direction in accordance with R v Brown (1984) CAR 115, the appellants' convictions were not unsafe.

CA (Crim Div) (Otton LJ, Smith J, Collins J)

01/12/1999