The test for resentencing on the basis of fresh evidence of post-sentence ill health is whether, on all the material now before the Court, a different sentence should be substituted to avoid a miscarriage of justice. It is not necessary to demonstrate that the original sentence would be 'crushing'. A diagnosis of a life-threatening condition that throws light on a pre-existing medical condition at the time of sentence is sufficient fresh evidence, and the possibility (not probability) of death in custody is a relevant consideration.
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