Fresh evidence of a psychiatric condition that was probably present but not fully appreciated at the time of sentencing may be admitted on appeal where the material before the sentencing court contained indications of the condition, and where the condition would have had a real bearing on the sentence imposed. The filing of an appeal or application for leave to appeal does not automatically stay a sentence of periodic detention; unless bail is granted, the sentence remains in force and should be enforced.
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9 of the 23 citing cases carry a classified treatment. How each court treated it is available to signed-in members.