Director of Public Prosecutions v Harney [2003] NSWCA 350

Director of Public Prosecutions v Harney [2003] NSWCA 350

'Abuse of office' in the context of the Crimes (Superannuation Benefits) Act 1989 (Cth) does not require proof of corruption; the opponent's conduct as an employee stealing items in the course of post was an abuse of his office, thus satisfying the statutory definition of a 'corruption offence' for the purpose of the Act.

Jurisdiction
Australia
Judgment Date
17 November 2003
Procedural Posture
Appeal / Judgment on Application for Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal granted. Appeal allowed.
Legal Topics
['corruption Offence' 'abuse of Office' 'superannuation Forfeiture' 'interpretation of Crimes (superannuation Benefits) Act 1989']
['criminal Law' 'superannuation Law'] ['corruption Offence' 'abuse of Office' 'superannuation Forfeiture' 'interpretation of Crimes (superannuation Benefits) Act 1989']

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Procedural Posture

Appeal / Judgment on Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ["Whether the offence of which the opponent was convicted constituted a 'corruption offence' under the Crimes (Superannuation Benefits) Act 1989 (Cth)" "Whether 'abuse of office' within s 85K(1)(c) of the Crimes Act 1914 requires proof of corruption"]

Ratio Decidendi

'Abuse of office' in the context of the Crimes (Superannuation Benefits) Act 1989 (Cth) does not require proof of corruption; the opponent's conduct as an employee stealing items in the course of post was an abuse of his office, thus satisfying the statutory definition of a 'corruption offence' for the purpose of the Act.

Court Disposition

Leave to appeal granted. Appeal allowed.

Orders

  • ['Orders one, two, three, four, five and ten in the Notice of Appeal made.' 'Matter remitted to the District Court for any further orders if necessary.' 'Respondent to have a certificate under the Suitors Fund Act.']