The appellant appealed his sentence, arguing that the sentencing judge failed to consider the unusually harsh conditions of his pre-sentence detention (lockdowns and triple-bunking) as a mitigating factor, relying on fresh evidence.
The Crown did not oppose the admission of fresh evidence but asserted the original sentence was fit.
The Court of Appeal admitted the fresh evidence and found it warranted a two-month reduction in the appellant's sentence for sexual abuse offences committed against his stepdaughter.
