The Chiro principle (requiring sentencing on the most favourable view of the facts where the jury's verdict does not identify which particulars were found proved) is confined to omnibus offences where underlying particulars themselves constitute separate offences with different maximum penalties, engaging the De Simoni principle. It does not extend to all cases where an extended unanimity direction is given. In cases involving a single offence with alternative factual pathways (such as attempt to pervert the course of justice with multiple particularised acts), the sentencing judge is entitled to make findings of fact in accordance with Cheung v The Queen, provided those findings are consistent with the jury's verdict. The question whether Chiro should be extended beyond omnibus offences remains open for the High Court.
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