There is no new evidence given as no witnesses are called to testify. A rare exception to this occurred in a murder case where one of the jurors had an affair with one of the accused. The accused were found not guilty. The affair did not come to the attention of the trial court so the evidence as to this had to be presented when the Crown appealed. A justice of the Court of Appeal heard the new evidence and it became part of the transcript that the full court was asked to examine.