Where an offender is diagnosed with schizophrenia after sentencing but the illness was present at the time of the offences, fresh evidence of the diagnosis is admissible on appeal and the sentencing discretion will have miscarried if the illness was not taken into account. However, the appropriate adjustment may be confined to the non-parole period rather than the head sentence, particularly where the offences were serious and the offender retained significant functional capacity at the time of offending.
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