R v Qaumi & Ors (No 54) [2016] NSWSC 1067

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 54) [2016] NSWSC 1067 Hearing dates: 2 August 2016 Date of orders: 02 August 2016 Decision date: 08 August 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Evidentiary rulings made – see paragraphs [8], [14], [21], [22] and [27] Catchwords: CRIMINAL LAW – admissibility of evidence – listening device recording of two accused in police cells after their arrest – lengthy recording – parties agreed on all but four passages of transcript – recorded conversation similar to evidence previously excluded – evidence excluded because police failed to record admissions – whether unfair to use evidence – relevance of evidence to the issue of whether accused had access to firearms – whether danger of unfair prejudice – assessment by accused of strength of police case – "I think we're fucked" – not an admission or demonstrative of a consciousness of guilt – merely an assessment of the strength of the evidence Legislation Cited: Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: Em v Queen [2007] HCA 46; 232 CLR 67 R v Qaumi & Ors (No 3) (Severance and separate trial) [2016] NSWSC 15 R v Qaumi & Ors (No 48) [2016] NSWSC 1008 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)