Fresh evidence relating to the health of an offender's family member, where the condition was not diagnosed or its full extent not appreciated at the time of sentence, may be received on appeal where it raises the prospect that the additional material may have had a real bearing on the exercise of the sentencing discretion. There is no distinction for these purposes between fresh evidence relating to the offender's own health and fresh evidence relating to a family member's health that brings into play considerations of exceptional hardship.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
4 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.