Where an offender is diagnosed with a terminal illness after sentencing, the CCA will admit fresh evidence and may re-sentence on the basis that the terminal illness makes incarceration more onerous than appreciated at the time of sentence, even where the reduced sentence will not result in release before the assessed life expectancy expires. However, the objective gravity of the offending must still be reflected in the sentence, and the court will not impose a manifestly inadequate sentence merely to achieve release — executive release mechanisms under ss 160, 160AD and 270 of the Crimes (Administration of Sentences) Act 1999 (NSW) remain the appropriate avenue for compassionate release.
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