Post-sentencing assistance to police authorities cannot be received as fresh evidence on a sentence appeal because events post-dating sentencing cannot establish that some other sentence 'should have been passed' within the meaning of s 6(3) of the Criminal Appeal Act 1912. The appropriate remedy for post-sentencing assistance is administrative, under Division 2, Part 13A of the Crimes Act 1900 or by way of executive intervention. The statement in R v Many (1990) 51 A Crim R 54 about the Court's 'overriding duty to avoid a miscarriage of justice' on sentence appeals is confined to cases where the relevant events occurred before sentencing but were not brought to the sentencing judge's attention.
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