R v Zeng [2020] NSWDC 761

District Court New South Wales

Medium Neutral Citation: R v Zeng [2020] NSWDC 761 Hearing dates: 18 November – 7 December 2020 Decision date: 16 December 2020 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Verdict of guilty on one count of arson Catchwords: Judge alone trial Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Rui Zeng (Accused) Representation: Counsel: S Hughes (Crown) G Hoare (Accused)

Solicitors: J Menzies (Crown) D Cleverley (Accused) File Number(s): 19/254631 Publication restriction: Nil

Judgment ON VERDICT 1. On 18 November 2020 the accused pleaded not guilty to one count on the Indictment: "Count 1 - On 22 April 2019 at Auburn in the State of New South Wales, dishonestly, with a view to making a gain for himself, did damage property, namely, the warehouse located at 6/164 Adderley Street West, Auburn, and its contents, by means of fire." 1. This is an offence pursuant to s 197(1)(b) of the Crimes Act 1900. Both the Crown and the accused person agreed that the accused be tried by a judge alone, and an order was made pursuant to s 132(2) of the Criminal Procedure Act 1986 for the trial to proceed by way of judge alone. Upon arraignment, the accused pleaded not guilty to the charge, and this judgment records my verdict and my reasons for reaching that verdict. 2. The elements of the offence are as follows: 1. On 22 April 2019 at Auburn New South Wales, 2. The accused dishonestly, 3. With a view to making a gain for himself, 4. Did damage property, namely, the warehouse located at 6/164 Adderley Street West, Auburn, and its contents, 5. By means of fire. 1. The Crown bears the onus of proving each of the elements beyond reasonable doubt. The onus of proof remains at all times on the Crown to prove the elements of the charge beyond reasonable doubt. I am mindful that speculation cannot enter into my considerations and inferences may be drawn from established facts only if such an inference is a rational inference.