A judge's refusal to recuse for apprehended bias is not an 'interlocutory judgment or order' under s 5F of the Criminal Appeal Act 1912 (NSW), and accordingly the Court of Criminal Appeal has no jurisdiction to entertain an appeal against such a refusal. The appropriate remedy is judicial review. The question whether orders refusing to vacate a hearing date or confirming a hearing date constitute interlocutory orders under s 5F was left open.
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