A challenge to a sentencing judge's factual finding will not succeed unless the appellate court concludes the finding was not reasonably open or was the product of legal error. Even under the broader Strbak standard permitting review for error in the course of making a finding, the applicant must demonstrate a specific error. The existence of evidence supporting the finding, including circumstantial evidence independent of a co-accused's testimony, will be sufficient to sustain the finding where the sentencing judge has properly assessed the evidence.
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