R v Qaumi & Ors (No 5) [2016] NSWSC 115

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 5) [2016] NSWSC 115 Hearing dates: 18-19 February 2016 Date of orders: 24 February 2016 Decision date: 24 February 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: (1) The evidence of the conversation between Farhad Qaumi and witness L recorded in Q and A 843-847 is admissible. (2) The evidence of the subsequent conversation between Farhad Qaumi, Mumtaz Qaumi and witness L in which they discussed killing Witness M is inadmissible. (3) The evidence of the conversation between witness G, Mumtaz Qaumi and Jamil Qaumi in which there was a discussion about killing Witness M is inadmissible. Catchwords: CRIMINAL LAW – evidence – admission by silence – probative value – where different inferences arise – whether probative value outweighed by the danger of unfair prejudice Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: DSJ v R; NS v R [2012] NSWCCA 9 R v Grills (1910) 11 CLR 400 R v M M J [2006] VSCA 226 R v Qaumi (No 3) [2016] NSWSC 15 R v Rose [2002] NSWCCA 455; 55 NSWLR 701 R v XY [2013] NSWCCA 121 Category: Procedural and other rulings Parties: Regina Farhad Qaumi Mumtaz Qaumi Jamil Qaumi Witness M Mohammed Zarshoy Mohammed Kalal Representation: Counsel: K McKay & P Hogan (Crown) J Stratton SC & M Curry (F Qaumi) P Young SC (M Quami) N Carroll(J Quami) Katiz (Solicitor) (Witness M) R Driels (Zarshoy) J Nicholson SC (Kalal)