A party seeking to adduce fresh evidence on a sentence appeal cannot mount a case that is the complete opposite of the case presented at first instance without demonstrating sufficient cause such as incompetence of legal representatives. The principle that parties are bound by the manner in which their cases are presented at first instance applies with particular force where the fresh evidence contradicts rather than supplements the original case. An offender does not acquire any form of credit for custody served on charges later acquitted or dismissed, though a sentencing court has a discretion to take such custody into account.
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