R v Geoffrey (a pseudonym)

The Director of Public Prosecutions sought permission to appeal an evidentiary ruling made by a District Court judge prior to the empanelling of a jury. The ruling concerned the admissibility of evidence under s 34P(2) and the Crown's permission to adduce evidence under s 67F of the *Evidence Act 1929* (SA). The Court of Appeal, comprising Livesey P, Bleby and David JJ, heard the application for permission to appeal.

The central legal issues before the Court of Appeal were whether the trial judge's ruling constituted an "interlocutory judgment" for the purposes of s 157 of the *Criminal Procedure Act 1921* (SA), and if so, whether permission to appeal should be granted. The Court was required to consider the distinction between substantive questions or issues and merely incidental decisions, particularly in the context of evidentiary rulings, and the Court's general reluctance to entertain interlocutory appeals that might delay or fragment criminal proceedings.

The Court reasoned that interlocutory appeals are an exception to the ordinary course of criminal proceedings, which should ideally proceed to verdict without undue fragmentation or delay. Drawing on established principles, the Court distinguished between rulings that finally resolve a substantive question and those that are incidental to the main proceedings. While evidentiary rulings can sometimes be substantive, they are often incidental, akin to rulings on practice and procedure, and do not necessarily have the character of a judgment or order. The Court noted that the specific evidentiary ruling in this case, made before the jury was empanelled, was not considered to be an interlocutory judgment that finally resolved a substantive question.

The Court expressed regret that the trial had been adjourned to accommodate the permission hearing, observing that such an adjournment, leading to the loss of a trial date, was disproportionate to the nature of the application. The Court ultimately determined that the ruling did not constitute an interlocutory judgment for the purposes of s 157 of the *Criminal Procedure Act 1921* (SA), and therefore, permission to appeal could not be granted.