R v Qaumi & Ors (No 63) [2016] NSWSC 1216

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 63) [2016] NSWSC 1216 Hearing dates: 29-30 August 2016 Date of orders: 30 August 2016 Decision date: 30 August 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: (1) The defence of self-defence will be put to the jury. (2) The defence of duress will be put to the jury in Kalal's case. (3) The issue of whether manslaughter by unlawful and dangerous act should be put to the jury is deferred until counsel's addresses. Catchwords: CRIMINAL LAW – SELF DEFENCE – availability of defence – gangland violence – Brothers for Life - where accused believe contract taken out by target of shooting – whether self-defence arises – whether criminal enterprise encompassed killing people who posed no threat – whether defence should be left to the jury – question of fact – requirement to put defence to the jury unless untenable CRIMINAL LAW – DURESS – availability of defence – whether duress should be left to the jury – where accused voluntarily joined criminal gang – whether defence available to members of criminal gang – whether defence available where accused knew he may be subject to unlawful compulsion – uncertainty in authorities Legislation Cited: Evidence Act 1995 (NSW) 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)