Section 394 — Crimes Act 1961: Evidence for appellate courts

394 Evidence for appellate courts (1) On any appeal or application for leave to appeal under this Act the Court before which the appellant was convicted shall, if it thinks necessary or if the Court of Appeal or the Supreme Court so desires, send to the Court of Appeal or the Supreme Court a copy of the whole or of such part as is material of the notes taken by the Judge presiding at the trial. (2) The Court of Appeal or the Supreme Court may, if it considers the notes defective, refer to such other evidence of what took place at the trial as it thinks fit. Compare: 1908 No 32 s 444(1), (2); 1945 No 23 s 8 The heading to section 394 was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by substituting the words “ appellate courts ” for the words “ Court of Appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Subsection (1) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting the words “ or the Supreme Court ” after the words “ Court of Appeal ” in both places where they occur. See sections 50 to 55 of that Act for the transitional and savings provisions. Subsection (2) was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting the words “ or the Supreme Court ” after the words “ Court of Appeal ” . See sections 50 to 55 of that Act for the transitional and savings provisions.