Kalid Kaddour v The Queen

Kalid Kaddour has appealed against a decision of the Supreme Court of Victoria in relation to an interlocutory issue arising from the refusal of the trial judge to grant a certificate under s 128 of the Evidence Act 2008 (Vic). The issue in the appeal is whether the refusal of the trial judge to grant a s 128 certificate amounts to an "interlocutory judgment or order" within the meaning of s 5F(3) of the Criminal Appeal Act 1995 (Vic). The Crown contends that the refusal of the trial judge to grant a s 128 certificate does not constitute an interlocutory judgment or order for the purposes of s 5F(3) of the Criminal Appeal Act, while the appellant argues that it does. The Court held that the Crown's argument is correct. The Court noted that the issue of whether a particular ruling can be regarded as a s 5F "judgment or order" is a question of substance and not mere form. The Court further held that a refusal to grant a s 128 certificate is not a ruling on the admissibility of evidence and therefore does not amount to an interlocutory judgment or order for the purposes of s 5F(3) of the Criminal Appeal Act. As such, the interlocutory appeal was not competent.

No further orders were made by the Court.