The three-part Goodwin test for fresh evidence on sentence appeals requires a real and substantial onus of proof, not merely a formal one. Where the evidence suggests an applicant made a calculated decision not to disclose assistance to authorities at sentencing, the second criterion (that the significance was not realised) will not be satisfied. Even where fresh evidence of assistance is admitted, the appellate court retains a discretion not to interfere with the sentence, particularly where the offences are of the gravest objective culpability and a reduction would undermine public confidence in the administration of criminal justice.
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