Practitioners seeking interlocutory leave to appeal a refusal of a permanent stay must demonstrate both sufficient doubt in the primary decision and that fragmentation of the criminal trial process is justified — where the complaint goes only to the 'outcome' of an alleged right to silence derogation (rather than prosecutorial misconduct or gross negligence), courts will be very reluctant to grant leave, particularly where the accused retains a full right of appeal post-conviction and trial is imminent.
The full text is available to signed-in members, including the 1 later case that cites this judgment.