A psychiatric report obtained after sentencing will not be admitted as fresh evidence where the circumstances of the offence plainly called for psychiatric investigation and the applicant's legal advisers failed to obtain such a report. The court will also refuse admission where the sentencing judge already appreciated and gave weight to the matters addressed in the proposed fresh evidence, even without a formal psychiatric diagnosis.
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1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.