Fresh evidence of a medical condition that existed but was undiagnosed at the time of sentencing may be received on appeal in exceptional circumstances, but the Court will only intervene if the condition makes incarceration more onerous than appreciated at sentencing. A stable prognosis, the availability of adequate medical treatment within the prison system, and the existence of statutory mechanisms for release (such as s 160(1) of the Crimes (Administration of Sentences) Act 1999 (NSW)) will weigh against intervention. Where the applicant's condition may deteriorate in the future, the Court may refuse leave rather than dismiss the appeal to preserve the right to bring a future application.
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