An application for leave to appeal under s 5F(3)(a) of the Criminal Appeal Act 1912 (NSW) against an order dismissing an application for permanent stay or separate trial will face a strong circumstance against the grant of leave where the underlying basis is a challenge to a preliminary ruling on evidence. The exclusion of Facebook messages under s 293(3) of the Criminal Procedure Act 1986 (NSW) on the basis that a complainant's statement about 'trying to have a kid' disclosed or implied sexual experience was not of sufficient significance to warrant leave or a separate trial.
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