JUDGMENT OF THE COURT
1. Before us is an interlocutory appeal against the exercise of the learned Judge’s (Chitembwe, J.) discretion in allowing the respondent to adduce additional evidence under the provisions of Section 358(1) of the Criminal Procedure Code. The said provision stipulates that:
“In dealing with an appeal from a subordinate court, the High Court, if it thinks additional evidence is necessary, shall record its reasons, and may either take such evidence itself or direct it to be taken by a subordinate court.”
2. The locus classicus case on the principles that a court ought to take into account in exercising such discretion has all along been the decision of the predecessor of this Court in Elgood v. Regina (1968) E.A. 274 which adopted the summary enunciated by Lord Parker C.J in R. v. Parks (1969) All ER at page 364. The principles are:-
a. That the evidence that is sought to be called must be evidence which was not available at the trial.
b. That it is evidence that is rel…