A trial judge's refusal to certify an interlocutory decision for appeal under s 295(3)(b) of the Criminal Procedure Act 2009 (Vic) will not be overturned where the judge has properly assessed the merits of the proposed appeal and concluded the prospects are hopeless. Where an accused dispenses with legal representatives and files an amended defence response that is largely in the form of additional particulars without altering the general tenor of the defence, the trial judge is entitled to refuse to recall witnesses for further cross-examination, particularly where the witnesses are young complainants in sexual offence proceedings.
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