Evidence of the COVID-19 pandemic and its impact on custodial conditions is not admissible as fresh evidence on a sentence appeal where the pandemic post-dates the sentencing, and does not fall within recognised exceptions for new evidence. Even if admitted, such evidence would not warrant resentencing where the objective gravity of the offending is such that no different sentence would properly follow. A trial judge's reference to the absence of a 'legal basis' for discharging a juror does not constitute jurisdictional error where the judge was addressing the absence of a mandatory ground for discharge under s 53A of the Jury Act, rather than denying the existence of discretionary power under s 53B(d).
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