The prodromal state of a psychiatric illness such as schizophrenia, existing at the time of sentencing but not yet diagnosed, may be treated analogously to undiagnosed cancer or a brain tumour for the purposes of admitting fresh evidence on a sentence appeal. However, the fresh evidence must still satisfy the Eliasen test — demonstrating that imprisonment will be a greater burden by reason of the offender's state of health or that there is a serious risk of gravely adverse effect on health. In sentencing youthful offenders for vigilante violence, the court must give primary weight to youth and rehabilitation prospects, and the weight given to general deterrence must reflect that vigilante activity is not prevalent amongst youthful offenders.
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