The phrase 'substantially weaken' in s 295(3)(a) of the Criminal Procedure Act 2009 (Vic) means something not very far short of elimination of the prosecution case, not merely significant or important weakening. Where excluded evidence relates only to context evidence of limited weight and is couched in vague and ambiguous terms, its exclusion will not meet this threshold even where the prosecution case depends substantially on the complainant's evidence. A trial judge's grant of certification under s 295(3)(a) may effectively be reviewed by the Court of Appeal through the exercise of its discretion to grant or refuse leave.
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