Evidence.
1968, c. 19, H. 23.
22
(2) A person in custody shall not be entitled to be present-
(a) where his appeal is on some ground involving
a question of law alone; or
(b) on an application by him for leave to appeal;
or
(c) on any proceedings preliminary or incidental
to an appeal; or
(c) where he is in custody in consequence of a verdict of not guilty by reason of insanity or of a finding of disability; or
(e) where a question of law in a case in which he is the accused person has been reserved for the consideration of the Full Court under section 81,
unless the Full Court gives him leave to be present. (3) The power of the Full Court to pass sentence on a person may be exercised although he is for any reason not present.
B3V. (1) For the purposes of this Part, the Full Court may, if it thinks it necessary or expedient in the interests of justice-
(a) order the production of any document, ex- hibit or other thing connected with the pro- ceedings, the production of which appears to it necessary for the determination of the case; (b) order any witness who would have been a compellable witness in the proceedings from which the appeal lies to attend for examina- tion and be examined before the Full Court whether or not he was called in those pro- ceedings; and
(c) subject to subsection (3), receive the evidence,
if tendered, of any witness.
(2) Without prejudice to subsection (1), where evidence is tendered to the Full Court thereunder the Full Court shall, unless it is satisfied that the evidence. if received, would not afford any ground for allowing the appeal, exercise its powers of receiving it if
(a) it appears to it that the evidence is likely to be credible and would have been admissible in the proceedings from which the appeal (ies
Effect of appeal on sentence.
1968, c. 19. ». 29.
23
on an issue which is the subject of the appeal: and
(b) it is satisfied that it was not adduced in those proceedings but there is a reasonable ex- planation for the failure to adduce it.
(3) Paragraph (c) of subsection (1) applies to any witness (including the appellant) who is competent but not compellable, and applies also to the appellant's husband or wife where the appellunt makes an applica- tion for that purpose and the evidence of the husband or wife could not have been given in the proceedings from which the appeal lies except on such an applica- tion.
(4) For the purposes of this Part, the Full Court may, if it thinks it necessary or expedient in the in- terests of justice, order the examination of any witness whose attendance might be required under paragraph (b) of subsection (1) to be conducted, in manner pro- vided by rules and orders made under section 9. before any judge or officer of the Full Court or other person appointed by the Full Court for the purpose, and allow the admission of any depositions so taken as evidence before the Full Court.
(5) In no case shall any sentence be increased by reason of or in consideration of any evidence which was not given at the trial.
Other matters depending on result of appeal 83W. (1) The time during which an appellant is in custody pending the determination of bis appeal shall, subject to any direction which the Full Court may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.
(2) Where the Full Court gives a contrary dices- tion under subsection (l), it shall state its reasons for doing so; and it shall not give any such direction where-
(a) leave to appeal has been granted; or (b) a certificate has been given by the judge of
the court of trial under section 82; or
(c) the case has been referred to it by the
Governor under section 83P.
(3) Where an appellant is admitted to bail under section 83R, the time during which he is at large after
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