Where an accused disputes the Crown's statement of facts on sentence, counsel must advise of all available options to challenge those facts, including inviting the sentencing judge to examine tendered material and requiring witnesses to attend for cross-examination — not merely advising that the accused would need to enter the witness box. Failure to do so, particularly where a life sentence is possible, may constitute a miscarriage of justice warranting appellate intervention under the Birks principles. The age of an offender, while relevant to sentence, cannot give rise to an expectation that the elderly can offend with relative impunity.
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