Chapman & Ors, R. v

Chapman & Ors, R. v

The judge misdirected the jury on the third element of misconduct in public office by failing to properly explain how to assess the seriousness threshold, specifically by not directing the jury to consider whether the conduct harmed the public interest; this misdirection rendered the convictions unsafe and required them to be quashed.

Parties
Respondent: Regina; Applicant: ABC; Applicant: EFG; Applicant: IJK; Applicant: Ryan Sabey
Jurisdiction
England and Wales
Judgment Date
26 March 2015
Procedural Posture
Criminal Appeal / Judgment on Applications for Leave to Appeal and Substantive Appeal
Outcome
Convictions quashed for ABC, EFG, and IJK; leave to appeal granted for Ryan Sabey; liberty to apply for Ryan Sabey.
Legal Topics
Misconduct in Public Office, Aiding and Abetting, Conspiracy, Jury Directions, Mens Rea
Criminal Law Misconduct in Public Office Aiding and Abetting Conspiracy Jury Directions Mens Rea

Case Brief

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Parties

Regina

Respondent

ABC

Applicant

EFG

Applicant

IJK

Applicant

Ryan Sabey

Applicant

Procedural Posture

Criminal Appeal / Judgment on Applications for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the judge's direction on the threshold for misconduct in public office was correct
  2. 2 Whether the judge's direction on the mens rea of aiders and abettors was correct
  3. 3 Mens rea required for conspiracy to commit misconduct in public office

Ratio Decidendi

The judge misdirected the jury on the third element of misconduct in public office by failing to properly explain how to assess the seriousness threshold, specifically by not directing the jury to consider whether the conduct harmed the public interest; this misdirection rendered the convictions unsafe and required them to be quashed.

Court Disposition

Convictions quashed for ABC, EFG, and IJK; leave to appeal granted for Ryan Sabey; liberty to apply for Ryan Sabey.

Orders

  • Convictions of ABC, EFG, and IJK quashed.
  • Leave to appeal granted for Ryan Sabey.