A terminal illness diagnosis obtained after sentencing satisfies the requirements for fresh evidence on a sentence appeal where the condition existed at the time of sentencing but was unknown. A terminal diagnosis with poor prognosis can constitute good reason to suspend a sentence of imprisonment under s 38(1) of the Criminal Law (Sentencing) Act 1988 (SA), even where the offending has a commercial aspect and considerations of personal and general deterrence are engaged.
The full text is available to signed-in members.