A conditional prayer for a permanent stay appended to a motion to exclude evidence may give the Court of Criminal Appeal formal jurisdiction under s 5F, but leave will ordinarily be refused where the entire substance of the application concerns the admissibility of evidence. The proper avenue for challenging evidentiary rulings under s 138 of the Evidence Act 1995 (NSW) remains post-conviction appeal under s 5 of the Criminal Appeal Act 1912 (NSW).
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