Fresh psychiatric evidence diagnosing a serious mental disorder that was undiagnosed at the time of sentencing may be admitted on appeal as showing the true significance of facts existing at the time of sentence, where the condition represents a deterioration of pre-existing psychopathology rather than a newly arising condition. An unusually high non-parole period relative to the head sentence, unexplained by the sentencing judge, invites appellate scrutiny and may be reduced even where the head sentence is upheld.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.