The expression 'eliminate or substantially weaken' in s 295(3)(a) of the Criminal Procedure Act 2009 (Vic) imposes a high hurdle for certification: a certificate cannot be granted unless the evidence is of 'major importance' or 'very important' to the Crown case. Interlocutory appeals on evidentiary rulings should not be entertained where the defence has not been articulated and the scope and probative value of the evidence remain unsettled. The House v The King standard applies to appellate review of s 137 Evidence Act rulings on interlocutory appeal.
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