The case confirms that delay as a mitigating factor is significantly reduced where the offender made a 'no comment' interview, challenged evidence, and contested a trial, and where there was no marked rehabilitation during the delay period. Evidence of a gunshot wound known to the sentencing judge and childhood sexual abuse known to the applicant but not raised at plea does not constitute fresh or new evidence warranting resentencing. The relevance of childhood sexual abuse to sentencing depends on evidence linking it to a condition that reduces moral culpability or the role of deterrence, not merely on the fact of abuse itself.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
1 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.