Interlocutory appeals against evidentiary rulings under s 137 of the Evidence Act 2008 (Vic) are governed by House v The King principles, requiring demonstration that it was not open to the trial judge to reach the decision made. Routine evidentiary rulings are unsuitable for interlocutory appeal, and the certification threshold of 'substantially weaken' the prosecution case connotes something not very far short of elimination of the case. In circumstantial cases, individual items of evidence must not be assessed for relevance or probative value in isolation but as part of the prosecution's overall circumstantial case.
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