CRIMINAL APPEALS ACT 2004 - SECT 39

CRIMINAL APPEALS ACT 2004 - SECT 39

39 .         Material to be considered on appeal

        (1)         An appeal court must decide an appeal on the evidence and material that were before the lower court.

        (2)         An appeal court may ascertain what evidence and material was before the lower court in any way it considers sufficient.

        (3)         Subsection (1) does not affect the power of an appeal court in section 40 to admit evidence.

        (4)         Subsection (1) does not prevent an appeal court from considering any evidence that the lower court refused to admit.