Where medical conditions existed at the time of sentencing but were not then known to the sentencing court, the Court of Criminal Appeal will undertake a fresh exercise of the sentencing discretion without requiring the applicant to demonstrate that the original sentence was excessive on the evidence before the sentencing judge. Ill health mitigates punishment where imprisonment will be a greater burden by reason of the offender's health or where there is a serious risk of imprisonment having a gravely adverse effect on health.
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