Evidence of a partner's terminal illness diagnosed after sentencing is admissible on appeal where the care of the offender's child was a matter relied upon at sentencing, as it throws new light on that matter. The serious repeat offender provisions of the Sentencing Act 2017 (SA) apply retrospectively to offences committed before the Act's commencement, by virtue of s 52(1)(d)(vi) and Schedule 1, clause 2(1). A guilty plea entered on a contested factual basis involving a concocted account that required a hearing to expose may warrant no discount, even where some utilitarian benefit remains.
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