A trial judge's ruling permitting a vulnerable complainant to give evidence by pre-recorded interview under Ch 6 Pt 6 of the Criminal Procedure Act 1986 (NSW) is not an interlocutory judgment or order appealable under s 5F(3) of the Criminal Appeal Act 1912 (NSW). Such a ruling concerns the manner of giving evidence rather than admissibility, lacks finality because it is subject to variation under s 306ZM, and does not finally dispose of any discrete part of the proceedings. Any challenge to such a ruling must await an appeal against conviction. R A Hulme J expressed doubt about whether s 306ZJ provides a complete bar to such a challenge on appeal against conviction, leaving that question open.
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