R v Qaumi & Qaumi (No 12) [2017] NSWSC 134

Supreme Court New South Wales

Medium Neutral Citation: R v Qaumi & Qaumi (No 12) [2017] NSWSC 134 Hearing dates: 31 October 2016 – 8 December 2016, 1 – 14 February 2017 Date of orders: 28 February 2017 Decision date: 28 February 2017 Jurisdiction: Common Law Before: Hamill J Decision: Verdicts: Count 1: Farhad Qaumi – guilty of murder. Mumtaz Qaumi – guilty of murder. Count 2: Farhad Qaumi – guilty of possession of pistol. Convicted on each count. Adjourned for sentence. Catchwords: CRIMINAL LAW – trial by judge alone – murder – contract killing – Brothers for Life – informant witnesses – circumstantial case – where deceased had many enemies – relevance of evidence of motive in others – overpriced kebab shop – "business" – whether sham transaction – where dangerous to convict on evidence of individual informers – requirement that evidence be supported by other evidence – surveillance and telephone intercepts – connections and meetings between accused and participants – accused met with driver and shooter two hours before killing – evidence of reconnoitre of victim's house five days before shooting – whether evidence of informants supported by surveillance evidence – where gaps in surveillance – whether supported by telephone intercepts – inferences available from evidence – timing of meetings

CRIMINAL LAW – EVIDENCE – snub nose 38 – movement of murder weapon after murder – whether admissible against both accused – joint criminal enterprise – co-conspirators rule – whether act done in furtherance of criminal enterprise – evidence admissible to establish connexion with murder weapon – evidence not admissible to prove consciousness of guilt