R v Qaumi & Ors (No 57) [2016] NSWSC 1157

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 57) [2016] NSWSC 1157 Hearing dates: 4 April – 18 August 2016 (evidence), 18 – 19 August, 2016 (submissions) Date of orders: 23 August 2016 Decision date: 22 August 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: The jury be directed to return verdicts that Farhad Qaumi is not guilty of counts 10, 11, 12, 13, 14, 15 and 16. Catchwords: CRIMINAL LAW – application for directed verdict – solicit to murder – attempted murder – shoot with intent to cause grievous bodily harm – whether case to answer – extended joint criminal enterprise – where accused leader of criminal gang – Brothers For Life – where accused orders the shooting and murder of a number of named targets – where accused travels overseas leaving his brother in charge of gang – where brother orders execution of a victim not nominated – where victim specifically excluded from group of targets nominated by the accused – whether shooting caught by concept of extended joint criminal enterprise – whether evidence capable of proving solicitation of murder and attempted murder within scope of joint criminal enterprise – whether evidence capable of establishing accused contemplated commission of crime outside scope of original enterprise Cases Cited: Bucca & Castle v The Queen [2016] HCATrans 121 Chan Wing-Siu v The Queen [1985] AC 168 Clayton v The Queen [2006] HCA 58; 168 A Crim R 174 Doney v The Queen [1990] HCA 51; 171 CLR 207 Gillard v The Queen [2003] HCA 64; 219 CLR 1 Johns v The Queen (1980) 143 CLR 108 McAuliffe v The Queen [1995] HCA 37; 183 CLR 108 Miller and Ors v The Queen [2016] HCATrans 107 R v JMR (1991) 57 A Crim R 39 R v Jogee [2016] UKSC 8 R v Qaumi & Ors (No 60) [2016] NSWSC 1160 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)