R v Qaumi & Ors (No 30) [2016] NSWSC 586

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 30) [2016] NSWSC 586 Hearing dates: 24 November 2015 – 10 May 2016 Date of orders: 10 May 2016 Decision date: 10 May 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: I recommend that the accused Mohammed Kalal and Mohammad Zarshoy be provided with a direct transport to and from court. That is a transport, either by themselves or with other inmates, that travels directly from the Parklea Correctional Centre to the Downing Centre in the morning and directly from the Downing Centre to the Parklea Correctional Centre in the afternoon. Catchwords: CRIMINAL LAW – this is not a judgment – recommendation relating to transport of accused – not binding – reluctance of courts to interfere with corrective services – commendation of certain officers – transportation of accused creating difficulties in conduct of trial – somnolence of accused – sleep deprivation – whether impacting on fairness of trial – lack of sustenance and refreshment of accused – Prison Fellowship of Australia – attempt by Court to provide sustenance – sugar hit – standard operating procedures – biscuit-gate Cases Cited: Kelleher v Commissioner, Department of Corrective Services [1999] NSWSC 86 Feili v R [2015] NSWCCA 43 R v Feili [2013] NSWSC 492 R v Turnbull (No 8) [2016] NSWSC 714 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)