The De Simoni principle is not breached where a sentencing judge describes the elements of an offence under s 317 of the Crimes Act 1900 (destroying evidence with intent to mislead a judicial tribunal) as acts 'designed to frustrate' judicial proceedings, as this is no more than a restatement of the offence elements. Fresh medical evidence concerning inadequate medical treatment in custody may be admitted on appeal even where the underlying condition was known at sentencing, but will not warrant sentence reduction where the sentence was already at the low end of the range.
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