On a sentence appeal under s 668E(3) of the Criminal Code 1899 (Qld), the Court of Appeal may admit fresh evidence not before the sentencing judge, but only where that evidence proves facts existing at the date of sentence. Evidence of post-sentence developments is inadmissible unless it demonstrates the state of affairs at the time of sentencing. While the Goodwin conditions ordinarily govern admission, there remains a residual discretion in exceptional cases to admit evidence to avoid a miscarriage of justice. The ordinary course for prisoners with deteriorating health is to apply under s 133 of the Corrective Services Act 2000 rather than pursue a sentence appeal.
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