A pre-trial ruling on the construction of a statutory defence provision, made on a potentially incomplete evidentiary basis and subject to the interests of justice exception in s 139(5) of the Criminal Procedure Act 1986 (NSW), does not constitute an interlocutory judgment or order amenable to appeal under s 5F(3) of the Criminal Appeal Act 1912 (NSW). The fact that the ruling involves a novel statutory provision or is of extreme importance to the trial does not alter this conclusion.
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