Evidence of post-sentencing events — specifically the birth of a child with a fatal hereditary condition where only a 20 per cent probability existed at sentencing — constitutes fresh evidence on a sentence appeal because it allows a more accurate assessment of the true significance of a circumstance that was extant but uncertain at sentencing. However, such circumstances, while warranting a modest reduction in sentence, do not necessarily constitute 'exceptional circumstances' sufficient to justify a substantial reduction, particularly where general deterrence for commercial drug cultivation must remain at the forefront of sentencing considerations.
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