R v Qaumi & Ors (No 65) [2016] NSWSC 1336

R v Qaumi & Ors (No 65) [2016] NSWSC 1336

The defence of provocation would not be left to the jury because there was no evidence of provocative conduct by the deceased Mahmoud Hamzy towards or affecting any accused, the evidence about Mohammed Hamzy's alleged threats was hearsay and concerned a different intended target, and there was no evidence that any accused lost self-control; instead, the evidence showed a calculated and planned, although bungled, shooting enterprise.

Jurisdiction
Australia
Judgment Date
22 September 2016
Procedural Posture
Criminal Trial for Murder / Procedural Ruling on Whether Provocation Should Be Left to the Jury
Outcome
The defence of provocation will not be left to the jury.
Legal Topics
['murder' 'provocation' 'manslaughter' 'hearsay Provocation' 'loss of Self Control' 'joint Criminal Enterprise' 'self Defence']
['criminal Law'] ['murder' 'provocation' 'manslaughter' 'hearsay Provocation' 'loss of Self Control' 'joint Criminal Enterprise' 'self Defence']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Procedural Ruling on Whether Provocation Should Be Left to the Jury

Legal Issues

  1. 1 ['Whether there was any evidence capable of giving rise to the defence of provocation so that it should be left to the jury.' "Whether hearsay statements about the intended target's conduct could found a defence of provocation." 'Whether the killing of the wrong man could be linked to provocative conduct of the deceased.' 'Whether there was evidence that any accused lost self-control at the time of the killing.']

Ratio Decidendi

The defence of provocation would not be left to the jury because there was no evidence of provocative conduct by the deceased Mahmoud Hamzy towards or affecting any accused, the evidence about Mohammed Hamzy's alleged threats was hearsay and concerned a different intended target, and there was no evidence that any accused lost self-control; instead, the evidence showed a calculated and planned, although bungled, shooting enterprise.

Court Disposition

The defence of provocation will not be left to the jury.

Orders

  • ['A verdict of manslaughter based on provocation will not be left to the jury.']