| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA20/2022 [2022] NZCA 267 |
| BETWEEN | WENTING ZHANG |
| AND | THE QUEEN |
| Hearing: | 12 May 2022 |
Court: | Miller, Duffy and Ellis JJ |
Counsel: | N P Chisnall and L A Elborough for Appellant |
Judgment: | 27 June 2022 at 11.30 am |
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Ellis J)
On 14 May 2021, Ms Wenting Zhang pleaded guilty in the High Court to 26 dishonesty charges: 10 of theft by a person in a special relationship,[1] six of obtaining by deception,[2] two of using a forged document,[3] one of false accounting,[4] and seven of dishonestly using a document.[5]
[1]Crimes Act 1961, ss 220 and 223(a) [maximum penalty of seven years’ imprisonment].
[2]Sections 240(1)(a) and 241(a) [maximum penalty of seven years’ imprisonment].
[3]Section 257(1)(a) [maximum penalty of 10 years’ imprisonment].
[4]Section 260(a) [maximum penalty of 10 years’ imprisonment].
[5]Section 228(b) [maximum penalty of seven years’ imprisonment].
On 17 December 2021, Gordon J sentenced Ms Zhang to two years and 10 months’ imprisonment.[6]
[6]R v Long [2021] NZHC 3522 at [116] [Sentencing notes].
Ms Zhang appeals that sentence and says material errors in the sentencing process resulted in a manifestly excessive outcome. She says the starting point taken was too high and that the Judge gave insufficient credit for her remorse, financial restitution and personal circumstances.
The offending
The details of the offending were set out in an agreed summary of facts which, by Ms Zhang’s guilty plea, she accepted. The précis that follows is only a thumbnail sketch of a considerable number of complex and interrelated dealings and transactions over a two-year period.
Mr Li and Ms Wang — the victims in this case — had applied to immigrate to New Zealand under the Government’s investor immigration category. Investment requirements form part of the approval process to obtain permanent residence.
The couple’s immigration consultant in New Zealand was one of Ms Zhang’s co-defendants, Mr Long. Ms Zhang acted as the couple’s investment broker. In September 2015 Mr Li and Ms Wang came to New Zealand for the first time. Mr Long and Ms Zhang persuaded them to join them and the third co-defendant, Mr Pian (also an investment broker) in a syndicate for the purpose of purchasing land for investment. Ms Zhang helped them open a bank account here.
Mr Li was induced to contribute funds to purchase land in Hobsonville on the basis that it would be developed by the syndicate. Ms Zhang and her co-offenders conveyed the impression that there were other investors (including themselves) when, in fact, Mr Li would be entirely responsible for funding the purchase. There were misrepresentations that involved overstating the purchase price for the land and Mr Li’s share of the deposit. Mr Li was also told that a $4 million “under the table” payment to Mr Pian’s “boss” was required and that Mr Li’s contribution…
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- AGLC
- Zhang v R [2022] NZCA 267
- Case
- [2022] NZCA 267
- Decision Date
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