Where an offender suffers from a medical condition at the time of sentencing that was undiagnosed due to the offender's psychologically justified refusal to undergo testing, the Court of Criminal Appeal may admit fresh evidence of the subsequent diagnosis and re-sentence. The offender's decision not to seek testing should not operate to their disadvantage where it was justified by psychological factors such as fear of a positive diagnosis. The primary basis for re-sentencing in such cases is the more burdensome nature of imprisonment rather than reduced moral culpability.
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