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CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 37
Appeals to be by way of rehearing on the evidence
37 Appeals to be by way of rehearing on the evidence
(1) An appeal against conviction is to be by way of rehearing on the basis of
evidence given in the original Local Court proceedings, except as provided by
section 38.
(2) Fresh evidence may be given, but only by leave of the Land
and Environment Court which may be granted only if the Court is satisfied that
it is in the interests of justice that the fresh evidence be given.
(3) The
parties to an appeal are each entitled to be provided with one free copy of
the transcripts of evidence relevant to the appeal and, if fresh evidence is
given, one free copy of the transcript of the fresh evidence.
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