DPP (Cth) v CHENG [2015] NSWDC 326

District Court New South Wales

Medium Neutral Citation: DPP (Cth) v CHENG [2015] NSWDC 326 Hearing dates: 04/12/2015 Decision date: 07 December 2015 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Application declined Catchwords: Criminal - Trial, deal with money intending that it will become instrument of crime, no case to answer, provision of designated service. Legislation Cited: Anti- Money Laundering and Counter Terrorism Act 2006 (Cth) Criminal Code Act 1995 (Cth) Financial Transactions Reports Act 1988 Cases Cited: Arora v Director of Public Prosecutions (Cth) [2011] NSWSC 552 Chen v DPP (Cth) [2011] NSWCCA 205 Milne v The Queen, (2014) 252 CLR 149 Shi v R [2014] NSWCCA 276 Category: Procedural and other rulings Parties: Director of Public Prosecutions (Cth) - Crown Benny Zhong Cheng - Accused Representation: Counsel: Mr K Chapple SC – Crown Mr D Barrow - Accused

Solicitors: Director of Public Prosecutions (Cth) - Crown Watsons - Accused File Number(s): 2012/301096

Judgment

ON 'NO CASE TO ANSWER' APPLICATION

Introduction 1. Benny Zhong Cheng ('the accused') is on trial in relation to one offence against s (or ss) 400.3 Criminal Code Act 1995 (Cth) ('the Code').He was arraigned on Wednesday 2 December 2015 and the prosecution's case formally closed on Friday 4 December. Application has been made by the accused for a verdict of not guilty by direction at the conclusion of the Crown case. The accused submits that on the evidence the Crown cannot establish the guilt of the accused. The prosecution opposes the application. The Court has been favoured with written submissions by both defence and prosecution, supplemented by oral submissions.