Where a prosecution summary on a plea of guilty raises but does not resolve disputed factual matters (such as self-defence or provocation), a sentencing judge cannot make findings adverse to the offender on those matters unless they are established beyond reasonable doubt. If the prosecution summary does not clearly state the Crown's position on disputed circumstances, and the offender's account is not disproved, the judge must either sentence on a basis consistent with the material tendered or conduct a contested plea hearing where evidence is called. Instructions put by defence counsel on a plea that the incident began as self-defence but that the response was excessive do not traverse or undermine the plea of guilty to intentionally causing serious injury.
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