Trial judges certifying interlocutory evidentiary rulings under s 295(3)(a) of the Criminal Procedure Act 2009 must first assess whether the ruling is attended by sufficient doubt, not merely whether exclusion would weaken the prosecution case. Leave to appeal interlocutory evidentiary rulings will ordinarily be refused where the trial is short, the ruling is of a routine kind, or the ruling involves an exercise of discretion. The question whether House v The King principles apply to s 137 Evidence Act 2008 rulings, and whether reliability may be considered in assessing probative value under s 137, remain open.
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