The case applies the Ratten v The Queen framework for fresh evidence on appeal, confirming that evidence which could readily have been adduced at trial with reasonable diligence is not 'fresh' and cannot ground a miscarriage of justice. Post-sentence deterioration in mental health cannot be taken into account in determining whether there was error in the sentence imposed. An appellant is bound by the forensic decisions of counsel at sentence proceedings, including the decision not to call character evidence.
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