ORDER PROHIBITING PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF C, H, W AND TWO CONNECTED PARTIES PURSUANT TO SS 200 AND 202 OF THE CRIMINAL PROCEDURE ACT 2011 UNTIL HEARING OF APPLICATION(S) FOR PERMANENT NAME SUPPRESSION. IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2020-004-806
[2022] NZHC 2541
THE KING v
YIKUN ZHANG, SHIJIA (COLIN) ZHENG, HENGJIA (JOE) ZHENG, C, H, W and JAMI-LEE MATENGA ROSS
Hearing: 26-29 July, 1-5 August, 8-12 August, 15-17 August, 22-26 August,
29-30 August, 1 September, 5-8 September 2022
Counsel:
P Wicks KC, J Dixon KC, K Hogan, K Bannister and H Moore- Savage for the Crown
J Katz KC, B A Keown, L Lindsay and N Small for Mr Zhang P Dacre KC and W Andrews for Shijia (Colin) Zheng
R L Thomson and A Young for Hengjia (Joe) Zheng S Lowery and J Suyker for C
M Corlett KC and C Agnew-Harington (until 9 August 2022) for H
SNB Wimsett and Y Y Mortimer-Wang for W R M Mansfield KC and H C Stuart for Mr Ross
Verdicts:
5 October 2022
Reasons:
5 October 2022
REASONS FOR VERDICTS OF GAULT J
R v ZHANG [2022] NZHC 2541 [5 October 2022]
TABLE OF CONTENTS
SUMMARY [1]
JUDGE-ALONE TRIAL [6]
TRIAL PRINCIPLES [13]
Presumption of innocence [14]
Separate trials [17]
Evidence – not prejudice or sympathy [18]
Circumstantial evidence and inferences [19]Lies [20]
No previous convictions [21]
Expert evidence [22]
Cultural issues [23]
Question trail [24]
ELEMENTS OF OBTAINING BY DECEPTION [25]
Benefit [27]
Fraudulent stratagem [30]
Intention to deceive [31]
Material cause [32]
Reasonable foreseeability [33]
Claim of right [40]
Party liability [42]
ELECTORAL ACT REQUIREMENTS [49]
THE FACTS [59]
Translation [60]
The defendants [65]
Teochew Convention bid [74]
March 2017 donation to Labour Party [76]
Labour Party’s Party Donations and Loans Return [137]
Labour Party’s February 2020 enquiries [146]
June 2017 donation(s) to National Party [183] National Party’s 2017 Party Donations and Loans Return [196] September 2017 donation to Labour Party [200] Labour Party’s Party Donations and Loans Return [227] June 2018 donation(s) to National Party [228] National Party’s 2018 Party Donations and Loans Return [284] Mr Zhang’s Royal Honour [286]
Ms Zhang’s building agreement [292]
SFO interviews of Mr Colin Zheng and Mr Joe Zheng
Mr Joe Zheng’s first interview [305]
Mr Colin Zheng’s interview [309]
Mr Joe Zheng’s second interview [312]LABOUR PARTY DONATION CHARGES
Charge 1: obtaining by deception [314]
Mr Zhang
Benefit [315]
Engaged in fraudulent stratagem [329]Intent to deceive [343]
Causation [346]
Reasonable foreseeability [350]
Claim of right [351]
Party liability [353]
Mr Colin Zheng
Benefit [354]
Engaged in fraudulent stratagem [357]Intent to deceive [361]
Other elements [362]
Mr Joe Zheng
Benefit [364]
Engaged in fraudulent stratagem [367]Intent to deceive [371]
Other elements [372]
C
Benefit [374]
Engaged in fraudulent stratagem [377]Intent to deceive [393]
Other elements [394]
H
Benefit [396]
Engaged in fraudulent stratagem [399]Intent to deceive [423]
Other elements [424]
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- AGLC
- R v Zhang [2022] NZHC 2541
- Case
- [2022] NZHC 2541
- Decision Date
CaseChat Overview and Summary
The court found Mr Zhang guilty on charge 5, relating to a donation of $100,050 to the National Party in June 2018. The court was sure that Mr Zhang engaged in a fraudulent device, trick, or stratagem, intended to deceive, and that the stratagem was a material cause of the benefit. Mr Zhang was also found guilty on charge 7, for supplying false or misleading information to the SFO.
Mr Colin Zheng and Mr Joe Zheng were found guilty on charge 5, for their involvement in the same donation to the National Party. The court was sure they engaged in a fraudulent device, intended to deceive, and that the stratagem was a material cause of the benefit. Mr Joe Zheng was also found guilty on charge 7, for supplying false or misleading information to the SFO.
Mr Ross was found not guilty on all charges. The court was not sure Mr Ross engaged in a fraudulent device, trick, or stratagem, or intended to deceive in relation to the National Party donation.
The court's reasoning was based on the evidence presented, the legal principles applicable to each charge, and the defendants' intentions and conduct. The court considered the credibility of witnesses, the weight of evidence, and the mens rea required for each offence. The verdicts reflect the court's assessment of the defendants' actions and the Crown's ability to prove the charges beyond reasonable doubt.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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