Post-sentence evidence of deteriorating health or adverse prison conditions is inadmissible on a sentence appeal where the sentencing judge already contemplated and took into account the risk of such events occurring. Such matters are for the Executive's prerogative of mercy, not for the appellate court. A sentence of 4 years and 4 months with an 18-month non-parole period for culpable drink driving causing death, where the offender became a paraplegic in the collision, was within range.
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