Fresh medical evidence of a condition existing but undiagnosed at sentencing is admissible on a sentence appeal, but the appellate court will not intervene where the prisoner is receiving adequate medical care in custody and the sentence was otherwise appropriate. Mercy for terminally ill prisoners is the province of the Parole Authority under s 160(1) of the Crimes (Administration of Sentences) Act 1999 or the prerogative of mercy under s 270, not the appellate court.
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