Zheng v R

Zheng appealed against his conviction and sentence, raising issues regarding the reasonableness of the verdict and the adequacy of reasons provided by the trial judge. The respondent, the Crown, argued that the verdict was open on the evidence presented and that the trial judge provided sufficient reasons for the verdict. The case was heard in the NSW Court of Criminal Appeal.

The court considered whether the trial judge's verdict was open upon the whole of the evidence. The court also examined whether the reasons provided by the trial judge were sufficient to establish a basis for the findings of fact. The applicant argued that the trial judge failed to provide adequate reasons for the verdict, which made it difficult to determine whether the verdict was open on the evidence. The Crown contended that the trial judge's reasons were sufficient and that the verdict was open on the evidence.

The court found that the trial judge's reasons were not sufficient to establish a basis for the findings of fact, and that the verdict was open on the evidence. The court held that the verdict was unreasonable, and quashed the conviction and sentence. The court also considered the sentence of imprisonment of 2 years 6 months with a non-parole period of 10 months, and found that it was manifestly excessive. The applicant was resentenced to a term of 2 years imprisonment to be served by way of an intensive correction order (ICO). The court adjusted and reduced the term of imprisonment to be served by way of ICO in recognition of the period of pre-sentence custody. The appeal against conviction was allowed, the conviction and sentence were quashed, and the applicant was resentenced to 2 years imprisonment to be served by way of an ICO with a reduction in the term to be served by way of ICO.