R v Qaumi & Ors (No 57)

The case involves a number of defendants charged with various offences, including solicitation to murder, attempted murder, and shooting with intent to cause grievous bodily harm. The defendants were members of the criminal gang Brothers For Life, with one accused acting as the leader. The accused allegedly ordered the shooting and murder of several named targets while travelling overseas, leaving his brother in charge of the gang. The brother then ordered the execution of a victim who had not been specifically nominated by the accused and was excluded from the group of targets. The defendants applied for a directed verdict, arguing that the prosecution's case was insufficient to prove the charges.

The court was required to determine whether the evidence was capable of proving that the accused solicited the murder and attempted murder, and whether the shooting was caught by the concept of an extended joint criminal enterprise. The court also needed to consider whether the evidence was sufficient to establish that the accused contemplated the commission of a crime outside the scope of the original enterprise. The court considered whether the accused's actions and statements could be attributed to the joint criminal enterprise, and whether the evidence was sufficient to prove the charges beyond reasonable doubt.

The court found that the evidence was capable of proving that the accused solicited the murder and attempted murder, and that the shooting was caught by the concept of an extended joint criminal enterprise. The court held that the accused's actions and statements could be attributed to the joint criminal enterprise, and that the evidence was sufficient to establish that the accused contemplated the commission of a crime outside the scope of the original enterprise. The court rejected the defendants' application for a directed verdict, holding that there was a case to answer.

The court ordered that the case proceed to trial, with the defendants facing charges of solicitation to murder, attempted murder, and shooting with intent to cause grievous bodily harm. The court emphasised the importance of the concept of joint criminal enterprise in cases involving criminal gangs, and the need for careful consideration of the evidence in such cases. The court also highlighted the need for a high standard of proof in cases involving serious criminal charges, and the importance of ensuring that justice is served in such cases.