The case reaffirms that the prima facie undesirability of granting leave to appeal against pre-trial rulings under s 5F(3) of the Criminal Appeal Act 1912 (NSW) is heightened when leave is sought shortly before the commencement of a lengthy trial. An applicant must demonstrate arguable, and preferably strongly arguable, error to overcome the powerful discretionary factors against fragmenting criminal proceedings. Rulings on the admissibility of evidence do not constitute interlocutory judgments or orders for the purposes of s 5F.
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