An evidentiary ruling made by a single judge in the course of disposing of a Magistrates Court appeal is an incidental ruling that merges into the final judgment and is not independently appealable under s 50 of the Supreme Court Act 1935 (SA). A party wishing to challenge such a ruling must appeal against the final judgment itself. The question of police implied licence to enter private residential premises to search for offenders remains unresolved.
The full text is available to signed-in members.