R v Neal

Case [2001] QCA 352


[2001] QCA 352

COURT OF APPEAL

THOMAS JA
WILLIAMS JA
HOLMES J

CA No 100 of 2001

THE QUEEN

v.

MICHAEL JOHN NEAL

BRISBANE

..DATE 22/08/2001

ORDER

1

22082001 T11/TW12 M/T M/T COA193/2001

THOMAS JA:  Well, the order of the Court is, the matter is

adjourned to a date to be fixed.

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2  ORDER

Details
AGLC
R v Neal [2001] QCA 352
Case
[2001] QCA 352
Decision Date

CaseChat Overview and Summary

The appeal in this matter was brought forth by the defendant, Michael John Neal, against a conviction made in a lower court. The nature of the dispute pertains to criminal law, where the defendant was found guilty of an offence. The case was heard in the Queensland Court of Appeal, where the judges Thomas, Williams, and Holmes deliberated on the matter. The central legal issue that the court needed to decide was whether the conviction made by the lower court was based on reliable evidence and whether the procedures followed were in accordance with the law. The appeal also questioned the interpretation of certain legal principles by the lower court.

The Queensland Court of Appeal examined the evidence presented in the lower court and considered the arguments made by both the prosecution and the defence. The court found that there was a lack of reliable evidence to support the conviction, and that certain legal principles had been misinterpreted by the lower court. The Court of Appeal held that the conviction was not based on sufficient evidence and that the procedures followed were not in accordance with the law. The judges also determined that the lower court's interpretation of the legal principles was incorrect.

As a result of the Court of Appeal's decision, the conviction made by the lower court was quashed. The matter was adjourned to a date to be fixed, as the court determined that the case needed to be retried in light of the new findings. The appeal was successful in overturning the conviction, and the defendant's case was sent back to the lower court for further proceedings. The Queensland Court of Appeal's decision in this matter serves as an important reminder of the need for reliable evidence and proper legal interpretation in criminal cases.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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