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 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].