Herscu v The Queen [1991] HCA 40

Herscu v The Queen [1991] HCA 40

A Minister’s attempt to influence a council, even absent a specific legal power or obligation to do so, constitutes the discharge of the duties of office for the purposes of s. 87(2) of The Criminal Code (Qld), as such duties encompass the general functions, influence, and responsibilities of the office. Thus, the statutory offence of official corruption is made out where the corrupt benefit is provided on account of such an act.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Final Appeal in the High Court of Australia
Outcome
Appeal dismissed
Legal Topics
['official Corruption' 'public Office Duties' 'statutory Construction' 'bribery']
['criminal Law'] ['official Corruption' 'public Office Duties' 'statutory Construction' 'bribery']

Case Brief

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Procedural Posture

Criminal Appeal / Final Appeal in the High Court of Australia

Legal Issues

  1. 1 ["Whether an attempt by a Minister to secure approval by a local council to changes in planning conditions can, as a matter of law, be regarded as an act done 'in the discharge of the duties of his office' for the purpose of s. 87(2) of The Criminal Code (Qld)"]

Ratio Decidendi

A Minister’s attempt to influence a council, even absent a specific legal power or obligation to do so, constitutes the discharge of the duties of office for the purposes of s. 87(2) of The Criminal Code (Qld), as such duties encompass the general functions, influence, and responsibilities of the office. Thus, the statutory offence of official corruption is made out where the corrupt benefit is provided on account of such an act.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']