R v Qaumi & Qaumi [2016] NSWSC 1473

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Qaumi [2016] NSWSC 1473 Hearing dates: 12 October 2016 Date of orders: 20 October 2016 Decision date: 20 October 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Trial by judge order under s 132 of the Criminal Procedure Act 1986 (NSW) made. Catchwords: CRIMINAL LAW – trial by judge alone – application by accused opposed by the Crown – interests of justice – relevant factors – prejudicial material – media coverage – measures available to ensure jury not affected by prejudicial publicity – prejudicial material to be adduced in the trial – where evidence will establish earlier killing by same accused – part of evidence led as tendency evidence – evidence subject to objection – whether mode of trial influences question of admissibility of evidence – which issue should be determined first – chicken or egg – where accused raised self-defence in respect of the earlier killing – difficulties in formulating directions – accused required to re-run its defence of self-defence – forensic minefield – where jury currently deliberating on charges arising out of earlier killing – risk of two juries coming into contact – measures incapable of eliminating risk – public houses – problems in delaying commencement of trial – where trial Judge made previous rulings on credibility and character of witnesses – enigmatic submission by Crown – no application or basis for recusal or disqualification – application granted Legislation Cited: Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Jury Act 1977 (NSW) Category: Procedural and other rulings Parties: Regina Farhad Qaumi Mumtaz Qaumi Representation: Counsel: K McKay & P Hogan (Crown) J Stratton SC & M Curry (F Qaumi) P Young SC (M Quami)