The CCA retains a residual discretion to admit fresh evidence of assistance to authorities on a sentence appeal to prevent a miscarriage of justice, even where the applicant has not satisfied the formal requirements set out in R v W (2001) — including where the applicant has provided no explanation for failing to disclose the assistance to solicitors before sentencing. A discount of approximately 12% of the head sentence was appropriate for assistance that led to a guilty plea on a solicit-to-murder charge.
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