R v Qaumi & Qaumi (No 11) [2017] NSWSC 95

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Qaumi (No 11) [2017] NSWSC 95 Hearing dates: 2 December 2016, 13 – 14 February 2017 Date of orders: 14 February 2017 Decision date: 14 February 2017 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Evidence admissible for a limited purpose Catchwords: EVIDENCE – admissibility – actions of one accused admitted against both accused – no objection taken – objection taken during closing address – flexibility in procedure during Judge alone trial – evidence of one accused moving murder weapon some weeks after the murder – whether act done in furtherance of common purpose – co-conspirators' rule – circumstantial case – evidence linking accused to murder weapon – evidence admissible for a limited purpose – evidence not admissible to prove consciousness of guilt against accused not present Cases Cited: R v Eccles and Merritt (1881) 7 VLR (L) 36 R v SU and Ors (1995) 129 FLR 120 Tripodi v The Queen (1961) 104 CLR 1; [1961] HCA 22 Category: Procedural and other rulings Parties: The Crown Farhad Qaumi Mumtaz Qaumi Representation: Counsel: K McKay (Crown) J Stratton SC & M Curry (Accused – F Qaumi) P Young SC (Accused – M Qaumi)

Solicitors: Solicitor for the NSW DPP (Crown) Archbold Legal (Accused – F Qaumi) George Sten & Co (Accused – M Qaumi) File Number(s): Farhad Qaumi – 2014/006809, 2014/315203; Mumtaz Qaumi – 2014/315260