R v Qaumi & Ors (No 27) [2016] NSWSC 551

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 27) [2016] NSWSC 551 Hearing dates: 2 May 2016 Date of orders: 03 May 2016 Decision date: 04 May 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: (1) Allow the tender of the four firearms. (2) The words "used in the Chokolatta Café shooting" in the bottom dialogue box in exhibit VD 31(2) is not admissible. (3) The chart (Exhibit VD QQ) is not admissible in its present form. (4) In relation to (3), note that two separate charts in conformity with this judgment would be admissible. Catchwords: CRIMINAL LAW – evidence – objection to tender of firearms – probative value – guns used in shootings subject to the charges – no evidence of any danger to the jury – submission that jury might use the guns as "toys" rejected CRIMINAL LAW – evidence – charts summarising ballistics evidence – where no ballistics link between bullets and weapon – potential to mislead – purpose of s 50 Evidence Act 1995 (NSW)– two separate charts admissible – single charge not admissible Legislation Cited: Evidence Act 1995 (NSW) Category: Procedural and other rulings Parties: Regina Farhad Qaumi Mumtaz Qaumi Jamil Qaumi 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) R Driels (Zarshoy) G Clarke (Kalal)