Preliminary judicial indications about the availability of defences at trial, made during pre-trial argument to guide opening addresses, do not constitute 'interlocutory orders' within the meaning of s 5F(3) of the Criminal Appeal Act 1912 (NSW) and are not appealable; the unavailability of witnesses does not ordinarily warrant a permanent stay where the prejudice can be cured by judicial direction.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.