20 Oct 2023
Section 35(e)(v) permits sale only to preserve value; here the section is bare land with no evidence of depreciation, deterioration or imminent risk and no mortgage threat, the owners oppose sale, and absent evidence that value requires preservation by sale the application must be dismissed.
21 Sept 2023
The Judge acquitted the defendants because the Crown failed to prove beyond reasonable doubt the essential elements of the charged offences — specifically that the transactions and accounting entries were dishonestly executed or concealed in breach of RBNZ directions with the necessary criminal intent; factual characterisations offered by the Crown did not meet the required standard of proof.
1 Sept 2023
The High Court held the District Court's cumulative adjusted starting point of 40 months imprisonment was within range and not manifestly excessive; the Judge correctly applied aggravating uplifts (offending on bail and extensive criminal history) and full guilty plea discount; the s 27 cultural report was neither fresh nor sufficiently cogent to alter sentence and was therefore refused; the appeal was dismissed and the 36 month end sentence affirmed.
16 Feb 2023
Leave granted because the offending that produced the s 382 disqualification involved deliberate deception related to electoral donations and did not relate to the day-to-day management or dealings of the nominated companies; the Registrar accepted there was little or no risk to third parties, the companies require the applicant's expertise, and the applicant satisfied the Court there was no unacceptable risk of future misconduct.
9 Feb 2023
The application for discharge without conviction was dismissed because the defendant's offending was properly assessed as serious and grave (premeditation, abuse of trust, significant harm to Council and procurement process) and the consequences of conviction, including likely deportation, were not out of all proportion to that gravity; accordingly a conviction was entered and, applying the prior indication and permitted mitigation discounts, the appropriate penalty was 10 months home detention to be served at an electronically monitored address.
30 Nov 2022
The Court refused Mr Zhang's application for a discharge without conviction because the evidence did not show the consequences of a recorded conviction would be out of all proportion to the moderate gravity of his offending; having assessed culpability and personal factors the Court imposed non-custodial punitive sentences (community detention with curfew and community work) to achieve denunciation and deterrence while recognising mitigation for good character.
6 Oct 2022
The High Court held the District Court did not err: a 20% guilty plea discount was appropriate given the strong, well-evidenced prosecution case and timing; no additional remorse discount was warranted because of the appellant's extensive recidivist dishonest offending and lack of credible remorse; totality adjustment and uplift for prior convictions were properly applied; the resulting sentence of two years and six months was not manifestly excessive and the appeal was dismissed.
5 Oct 2022
The judge concluded the Crown proved beyond reasonable doubt, on specific charges, that defendants used sham donor names to conceal true donors and thereby obtained benefits: Colin Zheng was convicted for the June 2017 National Party donation (benefit to party); Yikun Zhang, Colin Zheng and Joe Zheng were convicted for the June 2018 National Party donation (benefit to party); Joe Zheng was convicted for supplying false or misleading information to the SFO. Other charges resulted in acquittals or no verdict where proof was lacking. The convictions were entered and the defendants were remanded…
5 Oct 2022
Labour Party (March 2017) charges: acquittals because Crown failed to prove a legally cognisable benefit beyond reasonable doubt (insufficient evidence that purchase price exceeded reasonable market value such that a party donation existed at the charged value) and therefore could not prove material causation and the full offence elements. National Party June 2017: guilty verdict against Shijia (Colin) Zheng on charge 3 (he arranged splitting via transmitters and intended concealment); insufficient proof to convict all others on that charge. National Party June 2018: guilty verdicts against Y…
24 Aug 2022
The trial judge erred by failing to address significant, unchallenged evidence (MSD meetings evidence) that was directly exculpatory; that omission created a real risk the trial outcome was affected, amounting to a miscarriage of justice under s 232, warranting quashing of convictions and entry of judgment of acquittal; a retrial was not ordered because the interests of justice did not require it given delay, death of a witness and small monetary amount involved.