Mitchell, R v [2014] EWCA Crim 318 (12 February 2014)

Mitchell, R v [2014] EWCA Crim 318 (12 February 2014)

A paramedic employed by an NHS Trust does not hold a public office for the purposes of the offence of misconduct in public office because their primary duty is to individual patients, not to the public at large, and there is no additional public duty as required by law.

Source-derived case information.

Citation
[2014] EWCA Crim 318
Parties
Respondent: Regina; Applicant: William Thomas Mitchell
Jurisdiction
England and Wales
Judgment Date
12 February 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; conviction quashed
Legal Topics
Misconduct in Public Office, Definition of Public Office, Duties of Paramedics, Criminal Liability of NHS Employees
Criminal Law Public Law Misconduct in Public Office Definition of Public Office Duties of Paramedics Criminal Liability of NHS Employees

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Respondent

William Thomas Mitchell

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether a paramedic employed by an NHS Trust holds a public office for the purposes of the offence of misconduct in public office
  2. 2 Whether the duties of a paramedic constitute a public duty as required by law

Ratio Decidendi

A paramedic employed by an NHS Trust does not hold a public office for the purposes of the offence of misconduct in public office because their primary duty is to individual patients, not to the public at large, and there is no additional public duty as required by law.

Court Disposition

appeal allowed; conviction quashed

Orders

  • Conviction quashed