R v Qaumi & Ors (No 64) [2016] NSWSC 1269

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Ors (No 64) [2016] NSWSC 1269 Hearing dates: 6 September 2016 Date of orders: 07 September 2016 Decision date: 13 September 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: 1. Confirm decision that defence of duress be left to the jury in the case of Mohammed Kalal. 2. Written directions to jury re-formulated. Catchwords: CRIMINAL LAW – defence of duress – the domain of the common law – whether defence applies to offences of attempted murder – Brothers for Life – where accused voluntarily joins criminal group – where group involved in violent activity – where leaders use intimidation to assert authority over members – whether defence available to accused involved in a criminal gang – whether defence available to accused who voluntarily places himself where he may be subject to coercion – whether test is objective or subjective – nature of limitation – absence of authority in Australia – whether United Kingdom authority should be followed – where UK approach might operately harshly – more flexible approach preferred. Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1961 (NZ) Crimes Act 1958 (Vic) Criminal Code (RSC) 1985 Criminal Code 1899 (Qld) Criminal Code Act 1924 (Tas) Criminal Code Act 1983 (NT) Criminal Code Act Compilation Act 1913 (WA) Category: Procedural and other rulings Parties: Regina Farhad Qaumi Mumtaz Qaumi Jamil Qaumi Mohammad 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 (M Zarshoy) G Clarke (M Kalal)