Where an offender's failure to disclose sexual victimisation to legal representatives is attributable to embarrassment and shame, the resulting evidence may be characterised as 'fresh' evidence not discoverable by reasonable diligence, and its absence at sentencing may constitute a miscarriage of justice if it had the capacity to materially impact the sentence.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
9 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.