Where an offender has a pre-existing psychological condition at the time of sentencing (here, depressive symptoms and dependent personality disorder), and post-sentence events (here, a spouse's terminal cancer diagnosis) cause that condition to significantly worsen (here, to Major Depressive Disorder), this constitutes fresh evidence demonstrating the true significance of facts existing at the time of sentence, warranting re-exercise of the sentencing discretion under the Nguyen principles. The original sentence of 4 years' imprisonment for attempting to pervert the course of justice in assisting Tony Mokbel to flee Australia was not manifestly excessive at the time it was passed.
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