The Court of Appeal will admit new evidence on a sentence appeal, even where it is not fresh evidence, where its admission shows that a different sentence is warranted in law, particularly where the failure to adduce the evidence at first instance was attributable to counsel's inexperience. Where an offender has been sentenced on an incorrect factual basis due to exaggeration of their role in drug trafficking caused by fear of a violent co-offender, the sentence may be reduced on appeal.
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