Qaumi, Farhad v R; Qaumi, Mumtaz v R; Qaumi, Jamil v R [2020] NSWCCA 163

Qaumi, Farhad v R; Qaumi, Mumtaz v R; Qaumi, Jamil v R [2020] NSWCCA 163

The Court held that, except for specified counts (Count 9 for Mumtaz Qaumi and Count 18 for Farhad and Mumtaz Qaumi), the verdicts were reasonably open to the jury based on available evidence, including corroborated accomplice testimony, and that the sentencing judge's errors regarding standard non-parole periods and certain acquittals on appeal required resentencing for Farhad and Mumtaz Qaumi but did not otherwise warrant reduction of the sentences; overall, the appeals against conviction (except as specified) and sentence (for Jamil Qaumi) were dismissed, with lesser aggregate sentences imposed for Farhad and Mumtaz Qaumi.

Jurisdiction
Australia
Judgment Date
15 July 2020
Procedural Posture
Criminal Appeal / Court of Criminal Appeal: Judgment on Appeals Against Conviction and Sentence
Outcome
Partially allowed: Conviction appeals successful for Mumtaz Qaumi (Count 9, 18) and Farhad Qaumi (Count 18); other conviction appeals dismissed; Sentence appeals successful for Farhad Qaumi and Mumtaz Qaumi—resentenced; Sentence appeal for Jamil Qaumi dismissed.
Legal Topics
['conviction Appeals' 'sentence Appeals' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'gang Related Violence' 'murder' 'manslaughter' 'shooting' 'conspiracy to Murder' 'soliciting Murder' 'attempted Murder' 'grievous Bodily Harm' 'firearms Offences' 'drug Offences' 'criminal Group Offences' 'sentencing Principles' 'parity' 'objective Seriousness' 'standard Non Parole Periods']
['criminal Law'] ['conviction Appeals' 'sentence Appeals' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'gang Related Violence' 'murder' 'manslaughter' 'shooting' 'conspiracy to Murder' 'soliciting Murder' 'attempted Murder' 'grievous Bodily Harm' 'firearms Offences' 'drug Offences' 'criminal Group Offences' 'sentencing Principles' 'parity' 'objective Seriousness' 'standard Non Parole Periods']

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 Appeal / Court of Criminal Appeal: Judgment on Appeals Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether the verdicts of guilty for specified counts were unreasonable or unsupported by evidence' 'Whether participation in joint criminal enterprise requires physical presence' 'Whether sentencing judge erred regarding standard non-parole periods and parity' 'Whether sentencing judge properly evaluated objective seriousness' 'Whether aggregate sentences were manifestly excessive']

Ratio Decidendi

The Court held that, except for specified counts (Count 9 for Mumtaz Qaumi and Count 18 for Farhad and Mumtaz Qaumi), the verdicts were reasonably open to the jury based on available evidence, including corroborated accomplice testimony, and that the sentencing judge's errors regarding standard non-parole periods and certain acquittals on appeal required resentencing for Farhad and Mumtaz Qaumi but did not otherwise warrant reduction of the sentences; overall, the appeals against conviction (except as specified) and sentence (for Jamil Qaumi) were dismissed, with lesser aggregate sentences imposed for Farhad and Mumtaz Qaumi.

Court Disposition

Partially allowed: Conviction appeals successful for Mumtaz Qaumi (Count 9, 18) and Farhad Qaumi (Count 18); other conviction appeals dismissed; Sentence appeals successful for Farhad Qaumi and Mumtaz Qaumi—resentenced; Sentence appeal for Jamil Qaumi dismissed.

Orders

  • ['Grant leave to appeal against conviction.' 'Record acquittal for Mumtaz Qaumi (Counts 9, 18).' 'Record acquittal for Farhad Qaumi (Count 18).' 'Otherwise, dismiss conviction appeals of all applicants.' 'Farhad Qaumi: Grant leave to appeal sentence, quash previous aggregate sentence, resentenced to 58 years...