R v Zeng

[2020] NSWDC 761

District Court

New South Wales

Medium Neutral Citation:

R v Zeng [2020] NSWDC 761

Hearing dates:

18 November – 7 December 2020

Decision date:

16 December 2020

Jurisdiction:

Criminal

Before:

Mahony SC DCJ

Decision:

Verdict of guilty on one count of arson

Catchwords:

Judge alone trial

Legislation Cited:

Crimes Act 1900

Criminal Procedure Act 1986

Category:

Principal judgment

Parties:

Director of Public Prosecutions (Crown)
Rui Zeng (Accused)

Representation:

Counsel:
S Hughes (Crown)
G Hoare (Accused)

Solicitors:
J Menzies (Crown)
D Cleverley (Accused)

File Number(s):

19/254631

Publication restriction:

Nil

Judgment ON VERDICT

1. On 18 November 2020 the accused pleaded not guilty to one count on the Indictment:

“Count 1 - On 22 April 2019 at Auburn in the State of New South Wales, dishonestly, with a view to making a gain for himself, did damage property, namely, the warehouse located at 6/164 Adderley Street West, Auburn, and its contents, by means of fire.”

2. This is an offence pursuant to s 197(1)(b) of the Crimes Act 1900. Both the Crown and the accused person agreed that the accused be tried by a judge alone, and an order was made pursuant to s 132(2) of the Criminal Procedure Act 1986 for the trial to proceed by way of judge alone. Upon arraignment, the accused pleaded not guilty to the charge, and this judgment records my verdict and my reasons for reaching that verdict.

3. The elements of the offence are as follows:

1. On 22 April 2019 at Auburn New South Wales,

2. The accused dishonestly,

3. With a view to making a gain for himself,

4. Did damage property, namely, the warehouse located at 6/164 Adderley Street West, Auburn, and its contents,

5. By means of fire.

4. The Crown bears the onus of proving each of the elements beyond reasonable doubt. The onus of proof remains at all times on the Crown to prove the elements of the charge beyond reasonable doubt. I am mindful that speculation cannot enter into my considerations and inferences may be drawn from established facts only if such an inference is a rational inference.

The evidence in the Crown case

5. After opening the Crown case, the officer in charge, Detective Senior Constable Muscat, gave evidence of some of the investigations he carried out in relation to this matter. They included various segments of CCTV footage obtained by him of the accused in the days leading up to 22 April 2019. The CCTV footage was obtained from Sydney Trains, Star City Casino, Burwood Woolworths and a business known as Transom Scaffolding, which operated on Adderley Street West at Auburn. A compilation of the CCTV footage became Ex A and was played in court.

6. There was no dispute that the accused was identified in each of the segments of video referred to above.

7. On 17 April 2019 the accused was shown at the Star City Casino cashing in $59,700 for gambling chips. On 18 April 2019, he was shown at the first floor office of Rainbow Sydney Pty Limited (“Rainbow Sydney”), a business operated…