MAGISTRATES COURT ACT 1930 - SECT 214 Appeals in cases other than civil cases

MAGISTRATES COURT ACT 1930 - SECT 214

    (1)     This section applies to an appeal mentioned in section 208 (Appeals to which div 3.10.2 applies).

    (2)     In an appeal to which this section applies, the Supreme Court must have regard to the evidence given in the proceeding out of which the appeal arose, and has power to draw inferences of fact.

    (3)     In an appeal to which this section applies, the Supreme Court must—

        (a)     if it considers it necessary or expedient to do so in the interests of justice—

              (i)     order the production of a document or anything else that was an exhibit in, or was otherwise connected with, the proceeding out of which the appeal arose and that appears to it to be necessary to produce for deciding the appeal; and

              (ii)     order any person who was, or would have been if the person had been called, a compellable witness in the proceeding to attend for examination before the Supreme Court; and

              (iii)     receive the evidence, if tendered, of any witness; and

        (b)     receive evidence with the consent of the parties to the appeal.

    (4)     If evidence is tendered in an appeal to which this section applies, the Supreme Court must, unless satisfied that the evidence would not afford any ground for allowing the appeal, receive the evidence if—

        (a)     it appears to the Supreme Court that the evidence is likely to be credible and would have been admissible in the proceeding out of the which the appeal arose on an issue relevant to the appeal; and

        (b)     the Supreme Court is satisfied that the evidence was not adduced in the proceeding and there is a reasonable explanation for the failure to adduce it.