Evidence of post-sentence events such as prison assaults will not be admitted on a sentence appeal where the sentencing judge already took into account expert evidence of the applicant's fragile mental state and vulnerability, and the new evidence merely confirms the accuracy of the sentencing judge's findings rather than shedding significant new light on the applicant's condition at the time of sentencing. Solicitors must not suggest specific phrases to expert witnesses, even with a qualification such as 'if applicable', as this seriously undermines the court's confidence in the independence of the expert evidence.
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