Kocer v R

The appellant in this matter, Kocer, was appealing against the ruling of the Court of Criminal Appeal in relation to the admissibility of certain evidence. The respondent, the Crown, objected to the competency of the appeal. The issue before the court was whether the appeal was within the legislative exceptions that permit an appeal from an interlocutory order. Additionally, the court had to determine if the stated case was competent.

The court held that the appeal was not within the exceptions provided by the legislation, as the ruling on evidence was not an interlocutory order. The court emphasised that the legislative intention is to limit the interference by interlocutory appellate procedures in criminal trials. The trial judge had issued a certificate under ss.5F(3)(i)(b), but the court found that the judge should not have done so as there was no substantial doubt about the correctness of the order made. The court also found that the stated case was incompetent. The appeal was dismissed, and the stated case was also dismissed.

The court concluded that the appeal was not within the legislative exceptions that permit an appeal from an interlocutory order. The ruling on evidence was not an interlocutory order and therefore the appeal was not within the exceptions. The court also found that the stated case was incompetent. The appeal and the stated case were dismissed.