A respondent to a Crown appeal against sentence cannot adduce evidence on re-sentencing that contradicts the agreed statement of facts upon which the original sentence was based, where the respondent made a deliberate forensic decision to agree to those facts on legal advice. The Court retains a discretion to dismiss a Crown appeal even where the sentence is manifestly inadequate, and extraordinary hardship to the offender's dependent family members is a relevant consideration in the exercise of that discretion.
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