A trial judge should not certify an interlocutory decision under s 295(3)(b) of the Criminal Procedure Act 2009 (Vic) where the judge considers the argument against the decision to be entirely hopeless, because such a decision cannot possess the quality of 'sufficient importance to the trial' required by the provision. The reasoning in Coe v The Commonwealth and Walker v New South Wales regarding the application of criminal law to indigenous persons applies across all Australian jurisdictions, not only New South Wales.
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