An applicant who pleads guilty on an accepted factual basis, where the Crown opening was conceded to be accurate and not controverted in the applicant's presence, cannot later seek to challenge those facts on an application for leave to appeal against sentence. The proper course to challenge the factual basis is either trial on a plea of not guilty or adducing evidence on the plea. A sentence of 2 years and 9 months for recklessly causing serious injury by 'glassing' was within range where the offender had a prior manslaughter conviction.
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