A sentencing judge after jury trial must independently find all non-core sentencing facts rather than treating the verdict as establishing all prosecution evidence beyond reasonable doubt. Where s 101 CCS Act offences are charged in broad terms without particularisation, the sentencing judge must still identify the specific conduct and harm relied upon for each offence. Uncharged acts relied upon for both specific offence counts and general harm offences under s 101 risk impermissible double counting. The question whether broad generalisations of uncharged acts can provide the factual foundation for s 101 offence verdicts was left open.
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