An appellant who proceeds at sentencing on an agreed basis — including by not objecting to the Crown opening, acquiescing in forfeiture orders, and relying on an ongoing course of conduct in mitigation — will not be permitted on appeal to depart from that agreed basis by arguing the sentencing judge was confined to the criminality literally charged in the counts. The agreed factual basis for a plea of guilty should be recorded in writing, as recommended in GAS v R.
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