An evidentiary ruling that in substance destroys the Crown's entire case is an 'interlocutory judgment or order' susceptible to Crown appeal under s 5F of the Criminal Appeal Act 1912 (NSW), even where the ruling excludes only a discrete area of evidence rather than the entire Crown case. Section 137 of the Evidence Act 1995 (NSW) requires a 'real risk' of unfair prejudice, not a mere possibility; the complexity of conflicting scientific evidence does not constitute unfair prejudice but is quintessentially a jury question.
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