The diagnosis of a terminal genetic condition in an offender's young child after sentencing, where the condition was present but undiagnosed at the time of sentence, constitutes fresh evidence that may be received on appeal. Where the offender's spouse is the sole carer of the terminally ill child and other young children, the resulting hardship may constitute 'highly exceptional circumstances' warranting a reduction in sentence, though the seriousness of the offending and the need for deterrence must still be weighed.
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