R v Qaumi & Ors (No 31) [2016] NSWSC 674

R v Qaumi & Ors (No 31) [2016] NSWSC 674

Reasonable grounds for Mohammed Hamzy's objection based on self-incrimination are established, but interests of justice require that he answer most questions, and must be provided a s 128 Evidence Act certificate to protect against the use of his evidence (other than for falsity).

Jurisdiction
Australia
Judgment Date
23 May 2016
Procedural Posture
Criminal / Interlocutory Ruling on Evidentiary Objections During Trial
Outcome
Objections upheld in part; witness directed to answer questions (as limited), certificate granted under s 128 Evidence Act.
Legal Topics
['self Incrimination' 'privilege of Witness' 'self Defence' 'cross Examination' 'protection Certificate']
['criminal Law' 'evidence'] ['self Incrimination' 'privilege of Witness' 'self Defence' 'cross Examination' 'protection Certificate']

Case Brief

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Procedural Posture

Criminal / Interlocutory Ruling on Evidentiary Objections During Trial

Legal Issues

  1. 1 ['Whether there are reasonable grounds for witness (Mohammed Hamzy) to object to answering questions on the basis of self-incrimination' 'Whether the witness should be compelled to answer questions over valid objection and should be granted a certificate under s 128 Evidence Act' 'Balancing interests of justice between rights of accused and the witness' 'Scope of cross-examination and nature of certificate protection']

Ratio Decidendi

Reasonable grounds for Mohammed Hamzy's objection based on self-incrimination are established, but interests of justice require that he answer most questions, and must be provided a s 128 Evidence Act certificate to protect against the use of his evidence (other than for falsity).

Court Disposition

Objections upheld in part; witness directed to answer questions (as limited), certificate granted under s 128 Evidence Act.

Orders

  • ['In area 1, witness not required to answer beyond existence of allegations.' 'In areas 2, 3, and 4, witness required to answer questions and granted certificate under s 128 Evidence Act.' 'Certificate under s 128 to protect witness against use of evidence except in proceedings for falsity.' 'Counsel may raise fresh...