9 Nov 2023
ZHENG v R [2023] NZCA 551
- Citation
- [2023] NZCA 551
- Court
- Court of Appeal
The Court held s240(1)(a) requires proof that the defendant obtained or retained a benefit for themselves or for another person; it is insufficient that a third party (the National Party) obtained a benefit from the deceptive transaction where the defendant supplied their own funds and obtained no benefit. Accordingly convictions under s240(1)(a) based on the National Party obtaining the donation were unsustainable and were quashed. The Court upheld the conviction under s45 SFO Act where evidence showed deliberate false or misleading statements in compulsory SFO interviews.