An affidavit deposing to the onerous conditions of protective custody experienced after sentence will not be admitted on appeal where the sentencing judge was already aware of the general nature of those conditions and the material could not reasonably have produced a more lenient sentence. The distinction between R v Knights (fresh evidence to avoid miscarriage of justice) and R v Rostom (post-sentence events throwing light on facts known at sentence) was noted but neither principle was satisfied on the facts.
The full text is available to signed-in members, including the 1 later case that cites this judgment.