Post-sentence events that cast new light on circumstances existing at the time of sentencing (such as the realisation of anticipated future assistance to authorities) may be considered on appeal, unlike genuinely new events. However, s 23(3) of the Crimes (Sentencing Procedure) Act 1999 operates as a constraint: even where a sentencing judge erred in failing to allow a discount for future assistance, the appeal will be dismissed if any lesser sentence would be unreasonably disproportionate to the nature and circumstances of the offences. The giving of, or willingness to give, evidence justifies a more significant reduction than the mere provision of information.
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