R v Qaumi & Ors (No 43) [2016] NSWSC 889

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 43) [2016] NSWSC 889 Hearing dates: 27 June 2016 Date of orders: 27 June 2016 Decision date: 27 June 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Application to ask further questions in cross-examination granted. Catchwords: CRIMINAL LAW – joint trial – application to ask further questions in cross-examination – where co-accused raising defence of duress – where evidence not led in chief emerge during cross-examination after conclusion of cross-examination – fairness to accused required opportunity to put his case – no unfairness to co-accused – application granted

CRIMINAL LAW – joint trial – application to ask further questions in cross-examination – where co-accused raising defence of duress – when counsel puts one version and co-accused puts alternative version – where both versions contained in statement – where evidence left in state of uncertainty and confusion – whether unfair – application granted Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: R v Qaumi & Ors (No 23) [2016] NSWSC 429 R v Qaumi & Ors (No 24) [2016] NSWSC 505 R v Qaumi & Ors (No 32) [2016] NSWSC 675 R v Qaumi & Ors (No 39) [2016] NSWSC 797 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)