R v Qaumi & Ors (No 23) [2016] NSWSC 429

R v Qaumi & Ors (No 23) [2016] NSWSC 429

Because Mohammed Kalal's proposed reliance on duress and related evidence concerning statements attributed to Farhad Qaumi or others had not been clearly disclosed in the earlier defence response and could affect admissibility, cross-examination and the position of co-accused, further case management directions were necessary to require an amended defence response, notices, materials and submissions before the issue was argued.

Jurisdiction
Australia
Judgment Date
13 April 2016
Procedural Posture
Common Law Criminal / Procedural and Other Rulings; Case Management Concerning Admissibility of Evidence Sought to Be Introduced by the Accused Mohammed Kalal
Outcome
Case management directions made; no further action taken concerning possible referral to professional bodies.
Legal Topics
['defence Response' 'duress' 'admissibility of Evidence' 'case Management Directions' 'separate Trials' 'cross Examination']
['criminal Law' 'evidence' 'criminal Procedure'] ['defence Response' 'duress' 'admissibility of Evidence' 'case Management Directions' 'separate Trials' 'cross Examination']

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Procedural Posture

Common Law Criminal / Procedural and Other Rulings; Case Management Concerning Admissibility of Evidence Sought to Be Introduced by the Accused Mohammed Kalal

Legal Issues

  1. 1 ['Whether case management directions were required for argument about the admissibility of evidence sought to be introduced by Mohammed Kalal concerning alleged statements by Farhad Qaumi or others.' "Whether Mohammed Kalal's late and unclear indication that duress would be raised, after an inadequate defence response under s 143 of the Criminal Procedure Act 1986 (NSW), required further disclosure before cross-examination of relevant witnesses." 'Whether the proposed evidence and cross-examination could affect the position of co-accused, including possible separation of trials.']

Ratio Decidendi

Because Mohammed Kalal's proposed reliance on duress and related evidence concerning statements attributed to Farhad Qaumi or others had not been clearly disclosed in the earlier defence response and could affect admissibility, cross-examination and the position of co-accused, further case management directions were necessary to require an amended defence response, notices, materials and submissions before the issue was argued.

Court Disposition

Case management directions made; no further action taken concerning possible referral to professional bodies.

Orders

  • ['On or before 10.30am on Monday 18 April, Mohammed Kalal is to file and serve on the other parties an amended defence response pursuant to s 143 of the Criminal Procedure Act 1986 (NSW), including where relevant the matters referred to in s 143(2).' 'On or before 10.30am on Monday 18 April, Mohammed Kalal is to...