Several defendants sought to appeal against convictions. They were public officials accused of having committed misconduct in public office in the sale of information relating to their work to journalists. The journalists were convicted of conspiracy with the public officials and aiding and abetting them to commit the offence.
Held: The direction as to the seriousness of breach of duty by the public officer was inadequate.
Lord Thomas LCJ said: ‘The jury must, in our view, judge the misconduct by considering objectively whether the provision of the information by the office holder in deliberate breach of his duty had the effect of harming the public interest. If it did not, then although there may have been a breach or indeed an abuse of trust by the office holder vis-a-vis his employers or commanding officer, there was no abuse of the public’s trust in the office holder as the misconduct had not had the effect of harming the public interest. No criminal offence would have been committed.’
Lord Thomas LCJ, Cranston, William Davis JJ
[2015] EWCA Crim 539, [2015] WLR(D) 146, [2015] Crim LR 633, [2015] 3 WLR 726, [2015] 1 QB 883, [2015] 2 Cr App R 10
Bailii, WLRD
Criminal Law Act 1977 1(1)
England and Wales
Citing:
Cited – Rex v Bembridge 1783
The defendant was an accountant in the office and place of receiver and paymaster general. The court was asked whether he held a public office.
Held: A man who holds a public office is answerable criminally to the king for misbehaviour in that . .
Cited – Regina v Dytham CACD 1979
A constable was 30 yards away from the entrance to a club, from which he saw a man ejected. There was a fight involving cries and screams and the man was beaten and kicked to death in the gutter outside the club. The constable made no move to . .
Cited – Shum Kwok Sher 2002
Final Court of Appeal, Hong Kong. A senior government officer had used his position to provide preferential treatment to a company and its directors to whom he was related. He appealed against his conviction for misconduct in public office.
Cited – Attorney General’s Reference (No 3 of 2003) CACD 7-Apr-2004
Police Officers had been acquitted of misconduct in public office. They had stood by in a police station custody suite as a prisoner lay on the floor and died.
Held: The trial took place before R -v- G which had overruled Caldwell. The . .
Cited – Rex v Borron 1820
A criminal information was applied for against a magistrate.
Abbott CJ said: ‘They [magistrates] are indeed, like every other subject of this kingdom, answerable to the law for the faithful and upright discharge of their trust and duties. But, . .
Cited – Regina v Shulman, Regina v Prentice, Regina v Adomako; Regina v Holloway HL 1-Jul-1994
An anaesthetist failed to observe an operation properly, and did not notice that a tube had become disconnected from a ventilator. The patient suffered a cardiac arrest and died, and the defendant was convicted of manslaughter, being guilty of gross . .
Cited – Regina v Misra; Regina v Srivastava CACD 8-Oct-2004
Each doctor appealed convictions for manslaughter by gross negligence, saying that the offence was insufficiently clearly established to comply with human rights law, in that the jury had to decide in addition and as a separate ingredient whether . .
Cited – Johnson v Youden KBD 1950
For a charge of aiding and abetting, the defendant must be shown to have been aware of the essential elements of his acts which constituted the complete crime. However, that may be inferred if a defendant shuts his eyes to the obvious.
Lord . .
Cited – Regina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Cited – Saik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
Lists of cited by and citing cases may be incomplete.
Crime, Media
Updated: 01 November 2021; Ref: scu.545002
