42Use of evidence in giving guideline judgments

#### 42 Use of evidence in giving guideline judgments 42 Use of evidence in giving guideline judgments > > (1) Nothing in section 12 of the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016) limits the evidence or other matters that the Court may take into consideration in giving a guideline judgment and the Court may inform itself as it sees fit. > > > (2) The Court must not increase a sentence in any appeal by reason of, or in consideration of, any evidence that is used by the Court in giving a guideline judgment in the appeal but was not given at the trial. > > **s 42:** Am 2001 No 117, Sch 5 \[7\].