R v Qaumi & Ors (No 48) [2016] NSWSC 1008

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 48) [2016] NSWSC 1008 Hearing dates: 19-20 July 2016 Date of orders: 22 July 2016 Decision date: 22 July 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: The paragraph [26] of Detective Sharkey's statement is inadmissible. Catchwords: CRIMINAL LAW – Evidence – admission – offer by accused to provide police with guns in exchange for reduced charges – "massacre guns" – not recorded electronically – whether "in the course of official questioning" – whether spontaneous utterance – where accused declined to participate in recorded interview – whether evidence relevant other than as tendency evidence – where accused's case involved a denial of having access to guns – whether evidence should be excluded in the exercise of discretion under various provisions of the Evidence Act 1995 (NSW). Legislation Cited: Criminal Code (WA) Criminal Law (Detention and Interrogation) Act 1995 (Tas) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Cases Cited: Kelly v The Queen [2004] HCA 12; 218 CLR 216 Nicholls v The Queen; Coates v The Queen [2005] HCA 1; 219 CLR 196 R v Naa [2009] NSWSC 851 R v Qaumi & Ors (No 3) (Severance and Separate trial) [2016] NSWSC 15 R v Shiavini [1999] NSWCCA 165 R v Sumpton [2014] NSWSC 1432 R v Taouk [2005] NSWCCA 155 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)