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Recent successes for Vadasz Lawyers in the Court of Criminal Appeal (CCA)

  • The case of R v Neal [2017] SASCFC 44, is a recent example of when Vadasz Lawyers acted as solicitors and Nick Vadasz acted as counsel at the CCA appeal. 

 

       Previously Nick Vadasz has also appeared as counsel in the District Court Jury trial where the Judge had                rejected his submission that there was not a case to answer. 

 

       In the appeal, the CCA agreed with Nick Vadasz and acquitted Neal. This extract from the decision                        summaries the reason for success:  

 

     "To establish that the appellant possessed the shotgun jointly with Ms Booth, the evidence must show that            they shared physical possession of it, or had an understanding as between themselves that they could and          would share possession of it. I tend to the view that there was no such evidence and that there was therefore        no case to answer. However, it is not necessary to finally decide that question. On any view there was a                  dearth of evidence of joint possession. The verdict of the jury cannot be supported having regard to the              evidence."

       http://www.austlii.edu.au/au/cases/sa/SASCFC/2017/44.html

  • Criminal Court of Appeal acquittals are rare, but this is not Vadasz Lawyers first or last. 

       R v Gardiner [2013] SASCFC 53 is another example of Vadasz Lawyers success in the Criminal Court of                  Appeal. This case involved a murder charge, the verdict of which was set aside and a fresh trial ordered.  

       http://www.austlii.edu.au/au/cases/sa/SASCFC/2013/53.html