R v Obeid (No. 11) [2016] NSWSC 974

R v Obeid (No. 11) [2016] NSWSC 974

Recklessness as to whether conduct is a breach of public duty satisfies the mental element for wilful misconduct in public office, and the Crown need not prove actual knowledge of wrongdoing.

Parties
Applicant: Edward Moses Obeid; Respondent: Regina
Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Criminal / Interlocutory Ruling During Trial
Outcome
Submission rejected; recklessness suffices for mens rea in wilful misconduct in public office.
Legal Topics
Wilful Misconduct in Public Office, Mens Rea, Recklessness
Criminal Law Wilful Misconduct in Public Office Mens Rea Recklessness

Case Brief

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Parties

Edward Moses Obeid

Applicant

Regina

Respondent

Procedural Posture

Criminal / Interlocutory Ruling During Trial

Legal Issues

  1. 1 Whether the common law offence of wilful misconduct in public office is made out if the public officer is reckless as to whether their conduct breaches the duties of their office

Ratio Decidendi

Recklessness as to whether conduct is a breach of public duty satisfies the mental element for wilful misconduct in public office, and the Crown need not prove actual knowledge of wrongdoing.

Court Disposition

Submission rejected; recklessness suffices for mens rea in wilful misconduct in public office.

Orders

  • The accused's submission was rejected; the trial continued on the proposed legal direction that includes recklessness.