Where a prosecutor concedes a factual matter at a plea hearing (whether in oral submissions or by exchange with the court), the sentencing judge is not entitled to sentence on a basis inconsistent with that concession unless the judge gives the accused notice and an opportunity to make submissions. A fair reading of the exchange between the court and counsel determines the scope of the concession, and ambiguity in the exchange may be resolved in favour of the accused.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.