R v Qaumi & Ors (No 28) [2016] NSWSC 552

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 28) [2016] NSWSC 552 Hearing dates: 2 May 2016 Date of orders: 03 May 2016 Decision date: 04 May 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Hearsay evidence excluded (see paragraph [8])

Answer 200 admitted subject to deletion of the words "'cause my mum's really sick too" and "like I look like those guys in Parramatta that have steroids, or something. I walk, I look like I've got that in me and I'm walking like them." (see paragraphs [17]-[19]). Catchwords: CRIMINAL LAW – interview with child victim – vulnerable witness – evidence of injury and emotional impact of shooting on witness – hearsay – evidence of what child was told by doctors – evidence not admissible – evidence of impact of injuries – probative value – whether answer in the nature of a victim's impact statement – where no dispute as to element of grievous bodily harm – where no clear indication of formal admissions – evidence admissible Legislation Cited: Criminal Procedure Act 1986 (NSW) 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)