Discovery of pregnancy after sentencing, when combined with underlying depression, loss of a foetus, and medical complications in custody, can constitute fresh evidence throwing significant new light on pre-existing facts sufficient to reopen the sentencing discretion. However, pregnancy alone will not necessarily suffice — additional aggravating factors related to mental health and medical care are required. Verdins principles 5 and 6 may apply where the combined effect of depression and pregnancy makes a custodial sentence more onerous and risks significant adverse effects on mental health.
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