A refusal of leave to cross-examine a witness as unfavourable under s 38 of the Evidence Act 1995 (NSW) is not a ruling on the admissibility of evidence and therefore cannot be the subject of a Crown interlocutory appeal under s 5F(3A) of the Criminal Appeal Act 1912 (NSW). The requirement in s 5F(3A) that the ruling 'eliminates or substantially weakens the prosecution's case' cannot be satisfied where the trial has been aborted and a new trial is scheduled, because the circumstances at the future trial are unknown.
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