R v W

R v W

Proof of dishonesty is an essential ingredient of the offence of misconduct in a public office when the conduct involves misappropriation of public funds; the jury must be properly directed on this issue.

Parties
Respondent: R; Appellant: W
Jurisdiction
England and Wales
Judgment Date
02 March 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction quashed; new trial ordered
Legal Topics
Misconduct in Public Office, Dishonesty, Mental Element, Jury Directions

Case Brief

Summary, issues, holding and outcome

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Parties

R

Respondent

W

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 What is the required state of mind for misconduct in a public office?
  2. 2 Is dishonesty an essential ingredient for misconduct involving misappropriation of public funds?

Ratio Decidendi

Proof of dishonesty is an essential ingredient of the offence of misconduct in a public office when the conduct involves misappropriation of public funds; the jury must be properly directed on this issue.

Court Disposition

conviction quashed; new trial ordered

Orders

  • conviction quashed
  • new trial ordered