The defendant appealed against his conviction for misconduct in public office. As a police officer he had used an official credit card to pay for personal items. He said that he believed this was allowed where he intended to discharge the debt. He said that the judge should have left the issue of whether his actions were dishonest to the jury.
Held: The appeal succeeded, and a retrial was ordered. The ingredients of the offence included a specific focus on the defendant’s state of mind, and in the absence of such a direction, the appeal must succeed: ‘when the crime of misconduct in a public office is committed in circumstances which involve the acquisition of property by theft or fraud, and in particular when the holder of a public office is alleged to have made improper claims for public funds in circumstances which are said to be criminal, an essential ingredient of the offence is proof that the defendant was dishonest.’
Lord Judge, Lord Chief Justice, Mr Justice Penry-Davey and Mr Justice Irwin
[2010] EWCA Crim 372, [2010] Crim LR 779, [2010] 3 WLR 165, [2010] QB 787, [2010] 1 Cr App R 28
Bailii, Times
England and Wales
Citing:
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 Llewellyn-Jones CACD 1968
The Registrar of a County Court was convicted of offences of misconduct in public office. The indictment charged ‘misbehaviour in a public office, contrary to common law’ and alleged that court orders had been made ‘with the intention of gaining . .
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 – 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 – 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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 31 October 2021; Ref: scu.402485