Event and Time
Event Description
- Zhengwei Zhang is charged with five counts related to dealing with money exceeding $100,000, believed to be proceeds of crime, under section 400.9(1) of the Criminal Code Act 1995 (Cth).
- Co-accused Linchong Pan is also charged in connection with these events.
Application and Claims
- The prosecution alleges:
- Zhang was involved in receiving and disposing of substantial amounts of cash on various dates, allegedly under the direction of Pan (Charges 4, 6, 8). - Zhang and Pan jointly collected cash on two occasions (Charges 9 and 10). - Pan allegedly withdrew $640,000 from a casino account as part of the crime (Charge 1).
Judicial Decisions
- During preliminary hearings, issues arose regarding the admissibility of Pan’s statements made on separate occasions, with the defense arguing they were hearsay while the prosecution sought to use them to demonstrate Pan's state of mind.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Claims:
- Zhang collected and disposed of significant cash amounts which were presumed to be proceeds of crime. - Pan directed Zhang in cash collection, arguing prosecutable actions amounted to criminal liability under section 400.9.
- Defense's Arguments:
- The defense contends that evidence of Pan's statements made on June 20 and July 25 should be excluded as hearsay. - They argue Pan's knowledge of the cash sources is crucial and should negate the prosecution's claims about suspecting proceeds of crime.
- Key Evidence:
- Testimonies from Mr. Lysaght regarding whether opinions about the state of mind are admissible based on expertise (admissibility debated). - The prosecution's focus on Pan's supposed lack of awareness of the sources of the cash in his dealings.