Obeid v The KingObeid v The KingMacdonald v The KingCitation:[2026] HCA 1Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:04 Feb 2026Case Number:S88/2025, S89/2025, S93/2025Read more

Obeid v The KingObeid v The KingMacdonald v The KingCitation:[2026] HCA 1Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:04 Feb 2026Case Number:S88/2025, S89/2025, S93/2025Read more

The Court held that the prosecution must allege and prove an agreement to commit particular acts that amount to misconduct in public office; a general agreement to undertake acts falling within the elements of the offence is insufficient.

Parties
Applicant: Obeid; Respondent: The King
Jurisdiction
Australia
Judgment Date
04 February 2026
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Conspiracy, Misconduct in Public Office
Criminal Law Conspiracy Misconduct in Public Office

Case Brief

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Parties

Obeid

Applicant

The King

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the prosecution's case at trial was capable at law of amounting to conspiracy to commit misconduct in public office

Ratio Decidendi

The Court held that the prosecution must allege and prove an agreement to commit particular acts that amount to misconduct in public office; a general agreement to undertake acts falling within the elements of the offence is insufficient.

Court Disposition

appeal allowed

Orders

  • Convictions quashed
  • New trial ordered