A refusal to permanently stay criminal proceedings is an interlocutory order appealable under s 5F(3)(b) of the Criminal Appeal Act 1912, even where the stay application is based on the contention that the Crown evidence is incapable of establishing the charge — this is distinguishable from a ruling on a no-case submission during trial, which is not appealable under s 5F. Supply of precursor chemicals (such as Sudafed tablets) with knowledge of an ongoing manufacturing process constitutes taking part in the 'process of manufacture' under s 6 of the Drug Misuse and Trafficking Act 1985, consistently with R v Thomas, and is distinguishable from mere acquisition or transport of chemicals without more (R v BD).
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