Farhad Qaumi v R; Mumtaz Qaumi v R

[2019] NSWCCA 60

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Judge alone trial
5. › Whether verdicts unreasonable or inconsistent with evidence
6. › Circumstantial case
7. › Informer evidence
8. › Credit findings
9. › Criminal Appeal Act 1912 (NSW), s 5(1)(b)
1. Criminal Law
2. › Murder
3. › Contract killing
4. › Whether applicants gave instructions for killing
5. › Circumstantial evidence
6. › Informer witnesses
7. › Corroboration by surveillance and telephone intercepts
1. Evidence
2. › Witnesses
3. › Informer evidence
4. › Credibility assessment
5. › Corroboration
6. › Whether trial judge entitled to accept evidence of informer witnesses

Quick Take

The decision confirms that in appeals from judge-alone trials under s 5(1)(b) of the Criminal Appeal Act 1912 (NSW), the appellate court applies the Filippou v The Queen framework and will not disturb findings of guilt where the trial judge has conducted a careful analysis of the evidence, including informer evidence with significant credit issues, and the findings were reasonably open. A trial judge is not required to be satisfied of an informer's evidence beyond reasonable doubt in isolation; rather, the judge must be satisfied beyond reasonable doubt of the critical facts to which the informer deposes, taking into account all of the evidence.