R v Qaumi & Ors (No 18) [2016] NSWSC 351

R v Qaumi & Ors (No 18) [2016] NSWSC 351

As the application was withdrawn by the accused and no other parties sought to pursue any issue in relation to the form of counts 8 and 9, there was no remaining basis for the orders sought and the notice of motion must be dismissed.

Parties
Prosecution: Regina; Accused: Farhad Qaumi; Accused: Mumtaz Qaumi; Accused: Jamil Qaumi; Accused: Mohammed Zarshoy; Accused: Mohammed Kalal
Jurisdiction
Australia
Judgment Date
30 March 2016
Procedural Posture
Criminal / Pre Trial Motion
Outcome
notice of motion dismissed
Legal Topics
Form of Indictment, Particulars, Alternative Counts, Statutory Construction, Timeliness of Application
Criminal Law Form of Indictment Particulars Alternative Counts Statutory Construction Timeliness of Application

Case Brief

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Parties

Regina

Prosecution

Farhad Qaumi

Accused

Mumtaz Qaumi

Accused

Jamil Qaumi

Accused

Mohammed Zarshoy

Accused

Mohammed Kalal

Accused

Procedural Posture

Criminal / Pre Trial Motion

Legal Issues

  1. 1 Whether an alternative count pleading a different victim to the substantive count, or pleading the target of the offence as 'another person', is authorised by the statute creating the offence
  2. 2 Whether the Crown must particularise or elect the victim for count 9

Ratio Decidendi

As the application was withdrawn by the accused and no other parties sought to pursue any issue in relation to the form of counts 8 and 9, there was no remaining basis for the orders sought and the notice of motion must be dismissed.

Court Disposition

notice of motion dismissed

Orders

  • Notice of motion seeking stay and provision of particulars or election in respect of counts 8 and 9 dismissed.