Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 67 Appeal—pardon[s 671D](c) receive the evidence, if tendered, of any witness(including the appellant) who is a competent, but not acompellable, witness; and(d) where any question arising on the appeal involvesprolonged examination of documents or accounts, orany scientific or local investigation, which can not, inthe opinion of the Court, be conveniently conductedbefore the Court, refer the question for inquiry andreport to a commissioner appointed by the Court, andact upon the report of such commissioner so far as theCourt thinks fit; and(e) appoint any person with special expert knowledge to actas assessor to the Court in any case in which it appearsto the Court that such special knowledge is required forthe determination of the case;and exercise in relation to the proceedings of the Court anyother powers which may for the time being be exercised bythe Supreme Court on appeals or applications in civil matters,and issue any warrant or other process necessary for enforcingthe orders or sentences of the Court.(2) However, in no case shall any sentence be increased by reasonof or in consideration of any evidence that was not given atthe trial.(3) Subject to this chapter, the general rules may provide that anyapplication under subsection (1)(a), (b), (d), or (e) may beheard and determined by a judge of the Court.671D Right of appellant to be present(1) An appellant, notwithstanding that the appellant is in custody,shall be entitled to be present if the appellant desires it, on thehearing of the appellant’s appeal, except where the appeal ison some ground involving a question of law alone.(1A) On an appeal on such ground, and on an application for leaveto appeal, and on any proceedings preliminary or incidental toCurrent as at 1 December 2014 Page 439