Supreme Court
New South Wales
Medium Neutral Citation: R v Qaumi & Ors (No 55) [2016] NSWSC 1068 Hearing dates: 1, 2 and 3 August 2016 Date of orders: 02 February 0003 Decision date: 08 August 2016 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: 1. Allow limited legal arguments to proceed in the absence of the accused.
2. Adjourn the trial until Monday 8 August 2016.
3. Direct the Sheriff and Corrective Services to construct a wall within the dock to separate three of the accused from the other two accused.
4. Direct Corrective Services Officers to put in place Perspex screen separating the dock from the courtroom when the jury is not present.
5. Direct Corrective Services Officers to remove the Perspex screen when the jury is present.Catchwords: CRIMINAL LAW – violence in courtroom – violence between accused in the dock – whether legal argument should be heard in absence of the accused – application by accused to be separated from co-accused – need to ensure physical safety of the accused – need to ensure psychological wellbeing of those in the courtroom – possible alternatives – audio visual E-dock – construction of barrier in existing dock – application by Crown to place Perspex screen in front of dock to separate accused from the courtroom – prejudicial impact – no indication that accused will attempt to leave the dock – escalation of misbehaviour of accused – balancing interests of accused with psychological safety of those in court Cases Cited: Jamal v R [2012] NSWCCA198
Regina (C'Wealth) v Baladjam & Ors (No 41) [2008] NSWSC 1462
R v Benbrika & Ors (Ruling No 12) 2007 VSC 524
R v Qaumi & Ors (No 8) (Variation of Non-publication Orders) [2016] NSWSC 184
R v Qaumi & Ors (No 23) [2016] NSWSC 429
R v Qaumi & Ors (No 24) [2016] NSWSC 505
R v AC (No 7) [2016] NSWSC 404
R v Qaumi & Ors (No 39) [2016] NSWSC 797
R v Qaumi & Ors (No 42) [2016] NSWSC 887
R v Qaumi & Ors (No 43) [2016] NSWSC 889
R v Qaumi & Ors (No 44) [2016] NSWSC 936
R v Qaumi & Ors (No 45) [2016] NSWSC 937
R v Qaumi & Ors (No 54) [2016] NSWSC 1067
Williams v R [2012] NSWCCA 286Category: Procedural and other rulings Parties: Regina
Farhad Qaumi
Mumtaz Qaumi
Jamil Qaumi
Mohammed Zarshoy
Mohammed KalalRepresentation: Counsel:
Solicitors:
K McKay & P Hogan (Crown)
J Stratton SC & M Curry (F Qaumi)
P Young SC (M Quami)
N Carroll(J Quami)
R Driels (Zarshoy)
G Clarke (Kalal)
Solicitor for the NSW DPP(Crown)
Archbold Legal (F Qaumi)
George Sten& Co (M Quami)
Bannisters Lawyers (J Quami)
Zahr Lawyers (Zarshoy)
Hallak Law (Kalal)
File Number(s): Farhad Quami - 2014/6809; 2014/315201; 2014/315252Mumtaz Quami – 2014/6813; 2014/315251; 2014/315260Jamil Quami - 2013/336086; 2014/18164; 2014315253Mohammad Zarshoy – 2014/316236Mohammad Kalal - 2013/344739; 2014/66939 Publication restriction: No publication until the conclusion of the trial.
Judgment
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- Case
- [2016] NSWSC 1068
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the accused should be separated from each other during the trial and if the Crown's application to place a Perspex screen in front of the dock to separate the accused from the courtroom was appropriate. The court considered the need to balance the interests of the accused, including their right to a fair trial, against the potential prejudicial impact on the accused and the psychological safety of those in the courtroom. The court also evaluated whether there were other alternatives, such as an audio-visual E-dock or constructing a barrier in the existing dock, to manage the accused's behaviour without compromising the trial's fairness.
The court determined that the accused should be separated from each other and that the Crown's application to place a Perspex screen in front of the dock was reasonable under the circumstances. The court found that there was no indication the accused would attempt to leave the dock, but the escalating misbehaviour necessitated immediate action to ensure safety. The court also concluded that the potential prejudicial impact on the accused was outweighed by the need to protect the psychological wellbeing of those in the courtroom. The court ordered that the accused be separated during the trial and that a Perspex screen be placed in front of the dock to facilitate this.
Orders
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