R v Qaumi & Ors (No 33) [2016] NSWSC 676

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 33) [2016] NSWSC 676 Hearing dates: 25 May 2016 Date of orders: 25 May 2016 Decision date: 25 May 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Warning under s 165 Evidence Act provided at the conclusion of Witness G's evidence Catchwords: CRIMINAL LAW – evidence that may be unreliable – warning to the jury – application that warning be given at the conclusion of the witness's evidence – whether appropriate – whether all legal directions and warnings should be given in the course of the summing up – where trial lengthy – where a large number of informant witnesses are to give evidence – where one accused opposed the warning prior to the summing up – no submission made that there were "good reasons" not to provide the warning – danger of warnings being diluted – examples of directions given during the course of the trial and in advance of the summing up Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Nationwide News Pty Ltd v Qaumi [2016] NSWCCA 9 R v Qaumi & Ors (No 10) [2015] NSWSC 211 R v Qaumi & Ors (No 15) [2016] NSWSC 318 R v Qaumi & Ors (No 24) [2016] NSWSC 505 R v Qaumi and Ors (No 32) [2016] NSWSC 675 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)