An evidentiary ruling under s 294CB(3) of the Criminal Procedure Act 1986 (NSW) is not a 'judgment or order' amenable to interlocutory appeal under s 5F of the Criminal Appeal Act 1912 (NSW), and the Court of Criminal Appeal cannot revisit such a ruling as part of determining whether a permanent stay should be granted. A complaint that a trial judge attached too much or too little weight to evidence does not raise House v The King error in the context of a refusal to grant a permanent stay.
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