A judicial officer may rely on what is submitted during a sentencing hearing unless there is a dispute on the facts

R. v. Ducharme, 2012 MBCA 35 is a helpful source for the proposition that a judicial officer may rely on what is submitted during a sentencing hearing unless there is a dispute on the facts:

 

Absent a dispute on the facts, a judge can rely, without further proof, upon any information given during the sentencing hearing (see s. 724 of the Criminal Code).  While judges cannot infer without evidence, we readily conclude that the sentencing judge, in this case, was entitled to infer from the proven or undisputed evidence that the accused’s role in this drug transaction was more significant than that of a mere courier.