R v Lavender

The case of R v Lavender was heard before the court, where the defendant, Lavender, appealed against an interlocutory judgment or order that was made. The dispute centred on an evidentiary ruling made during the trial proceedings. The nature of the appeal was to challenge the admissibility of certain evidence presented by the Crown. The court was required to determine whether the trial judge correctly admitted the evidence in question.

The primary legal issue before the court was whether the evidence was relevant and admissible under the rules of evidence. The defence argued that the evidence was irrelevant as the Crown's case could not be substantiated in other respects. However, this specific submission was not made to the trial judge at the time of the evidentiary ruling. Consequently, the court considered whether the appeal could proceed against an interlocutory judgment or order that had not been formally made. Given that the ruling in question was not an interlocutory judgment or order, the appeal was dismissed.

The court held that since the submission regarding the relevance of the evidence was not put to the trial judge, it could not be considered on appeal. The court found that the appeal was misconceived, as the ruling in question was not an interlocutory judgment or order but rather a part of the ongoing trial proceedings. Therefore, the appeal was dismissed, and the evidentiary ruling stood.

No further orders were made by the court in relation to the appeal. The court's decision confirmed that appeals against interlocutory judgments or orders must be timely and appropriately framed, and submissions must be made to the trial judge to be considered on appeal.