Where a pre-existing mental illness deteriorates in prison to an unanticipated degree with psychotic features and suicidal ideation, this constitutes new evidence demonstrating the true significance of facts existing at the time of sentence, reopening the sentencing discretion. The appropriate discount for a guilty plea involves an intuitive synthesis of all relevant factors including the utilitarian value of the plea and the strength of the Crown case; a mechanistic percentage approach is inappropriate.
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