Section 166:

166. Right to fair hearing – adducing additional evidence on appeal— Appellant was found guilty of making use of a forged document under sections 112 and 121 of the Criminal Code. On appeal, his Counsel made a preliminary request to adduce additional evidence. The question for determination was whether Appellant had the right to adduce fresh evidence on appeal and, if so, under what conditions. HELD section 96 (1) of the District and Intermediate Courts (Criminal Jurisdiction) Act, which purports to prohibit the Supreme Court from receiving CON – 209 [Issue 1] The Constitution fresh evidence on appeal is inconsistent with the generality of the power conferred by section 82 of the Constitution and the provisions of the Constitution which ensure equal protection of the law and equal rights to a fair trial. The proper test is whether it is in the interests of justice to receive fresh evidence and the availability of the evidence at the trial stage, considered in light of the existence or not of a reasonable explanation for not adducing it, is only a consideration, albeit an important one, to be weighed in the balance. The fresh evidence, if adduced at the trial, could have influenced the court’s decision. The matter was remitted back to the District Court for a fresh hearing, thus entitling the Appellant to adduce the additional evidence. Jhoolun v State (2005).