Evidence of a prisoner's rape while on remand, consciously withheld from legal representatives due to shame, family concern, and safety fears, may be admitted as new evidence on a sentence appeal where exclusion would result in a miscarriage of justice. Such non-disclosure is not 'deliberate' in the sense of being the result of free choice. The rape and its immediate physical consequences are relevant personal circumstances that moderate the sentence, and the appropriate mechanism for reflecting this is adjustment of the parole eligibility date rather than the head sentence.
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