R v Qaumi & Qaumi (No 3) [2016] NSWSC 1494

R v Qaumi & Qaumi (No 3) [2016] NSWSC 1494

Because Witness M would be an important, if not critical, witness in the forthcoming proceedings, and because evidence Witness M gave concerning the Antoun murder and any knowledge Witness M may or may not have had of it had clear potential relevance to how the accused conducted their defence, the Court considered that it may be desirable in the interests of justice for that evidence to be made available and granted a certificate under s 45(4).

Jurisdiction
Australia
Judgment Date
13 October 2016
Procedural Posture
Common Law Criminal; Procedural Ruling / Notice of Motion for a Certificate Under S 45(4) of the Crime Commission Act 2012 (nsw) for Evidence Given Before the New South Wales Crime Commission by Witness M to Be Made Available
Outcome
Certificate granted under s 45(4) of the Crime Commission Act 2012 (NSW).
Legal Topics
['evidence Given at New South Wales Crime Commission' 'certificate Under S 45(4) of the Crime Commission Act 2012 (nsw)' 'availability of Evidence to Accused and Prosecutor' 'non Publication and Confidentiality']
['criminal Law' 'evidence' 'criminal Procedure'] ['evidence Given at New South Wales Crime Commission' 'certificate Under S 45(4) of the Crime Commission Act 2012 (nsw)' 'availability of Evidence to Accused and Prosecutor' 'non Publication and Confidentiality']

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Procedural Posture

Common Law Criminal; Procedural Ruling / Notice of Motion for a Certificate Under S 45(4) of the Crime Commission Act 2012 (nsw) for Evidence Given Before the New South Wales Crime Commission by Witness M to Be Made Available

Legal Issues

  1. 1 ['Whether the Court should certify under s 45(4) of the Crime Commission Act 2012 (NSW) that Farhad Qaumi and Mumtaz Qaumi have been charged with an offence before a court of this State.' 'Whether it may be desirable in the interests of justice that evidence given by Witness M before the New South Wales Crime Commission be made available to the legal practitioners representing Farhad Qaumi and Mumtaz Qaumi and to the prosecutor.']

Ratio Decidendi

Because Witness M would be an important, if not critical, witness in the forthcoming proceedings, and because evidence Witness M gave concerning the Antoun murder and any knowledge Witness M may or may not have had of it had clear potential relevance to how the accused conducted their defence, the Court considered that it may be desirable in the interests of justice for that evidence to be made available and granted a certificate under s 45(4).

Court Disposition

Certificate granted under s 45(4) of the Crime Commission Act 2012 (NSW).

Orders

  • ['Pursuant to s 45(4) of the Crime Commission Act 2012, the Court certifies that Farhad Qaumi and Mumtaz Qaumi have been charged with an offence before a court of this State.' 'Pursuant to s 45(4) of the Crime Commission Act 2012, the Court certifies that it considers that it may be desirable in the interests of...