Where an offender is diagnosed after sentencing with a serious illness that was present but undiagnosed at the date of sentence, the Court of Appeal may admit evidence of the diagnosis and its consequences as throwing a different light on facts in existence at sentencing. Once such evidence is admitted, the Court re-sentences on all the material before it, rather than reviewing the sentencing judge's exercise of discretion. The non-parole period may be reduced proportionally more than the head sentence to reflect the peculiar exigencies of serious illness in custody.
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