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
Legal Issues
- 1 What is the required state of mind for misconduct in a public office?
- 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
Full Case Text
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