R v Qaumi & Ors (No 5) [2016] NSWSC 115

R v Qaumi & Ors (No 5) [2016] NSWSC 115

The evidence of the conversation between Farhad Qaumi and Witness L is admissible as it is relevant and potentially capable of amounting to an admission by silence by Mumtaz Qaumi. However, evidence regarding any discussion about killing Witness M is inadmissible because its prejudicial effect outweighs its probative value. Similar considerations render the conversation witnessed by G involving intentions towards Witness M inadmissible.

Jurisdiction
Australia
Judgment Date
24 February 2016
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Mixed—partial admission and exclusion of evidence
Legal Topics
['evidence' 'admission by Silence' 'probative Value' 'prejudice' 'admissibility']
['criminal Law'] ['evidence' 'admission by Silence' 'probative Value' 'prejudice' 'admissibility']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Whether evidence of certain conversations constitutes admissible admissions or should be excluded due to prejudice.' 'Whether silence can amount to an admission by an accused in context.' 'Whether probative value of evidence outweighs prejudicial impact under s 137 Evidence Act 1995 (NSW).']

Ratio Decidendi

The evidence of the conversation between Farhad Qaumi and Witness L is admissible as it is relevant and potentially capable of amounting to an admission by silence by Mumtaz Qaumi. However, evidence regarding any discussion about killing Witness M is inadmissible because its prejudicial effect outweighs its probative value. Similar considerations render the conversation witnessed by G involving intentions towards Witness M inadmissible.

Court Disposition

Mixed—partial admission and exclusion of evidence

Orders

  • ['The evidence of the conversation between Farhad Qaumi and Witness L recorded in Q and A 843-847 is admissible.' 'The evidence of the subsequent conversation between Farhad Qaumi, Mumtaz Qaumi and Witness L in which they discussed killing Witness M is inadmissible.' 'The evidence of the conversation between Witness...