A trial judge's preliminary determination of questions of law prior to empanelment of the jury does not constitute an 'interlocutory judgment or order' within s 5F of the Criminal Appeal Act 1912 (NSW) and is not appealable under that provision. Section 61HA of the Crimes Act 1900 (NSW), which defines knowledge about consent for sexual assault offences, does not in its terms apply to attempts to commit the offences specified in sub-s (1), as the provision curtails the rights of an accused and the textual support for non-application is not overcome by the alternative construction. The question whether attempt to commit a sexual offence is an offence of specific intent was left open as contingent on the circumstances of the case.
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