Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Obeid (No. 11) [2016] NSWSC 974 Hearing dates: 6 June 2016 to 21 June 2016 Date of orders: 21 June 2016 Decision date: 15 July 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: See [1] of judgment.
Catchwords: CRIMINAL LAW - wilful misconduct in public office - mens rea - whether offence made out if public officer reckless as to whether his or her conduct in breach of the duties of their office Legislation Cited: --- Cases Cited: Attorney-General’s Reference (No 3 of 2003) [2005] QB 73
Blackwell v The Queen [2011] NSWCCA 93; (2011) 208 A Crim R 392
Forder v Great Western Railway Company [1905] 2 KB 532
Iannella v French [1968] HCA 14; 119 CLR 84
Obeid v R (No 2) [2015] NSWSC 1380
Obeid v R [2015] NSWCCA 309
Question of Law Reserved (No 2 of 1996) (1996) 67 SASR 63
R v Quach [2010] VSCA 106; 201 A Crim R 522
Shum Kwok Sher v HKSAR (2002) 5 HKCFAR 381
Sin Kam Wah v HKSAR (2005) 8 HKCFAR 192
Transport Commission (Tas) v Neale Edwards Pty Ltd (1954) 92 CLR 214
Wells v Hardy [1964] 2 QB 447
Wood v Associated National Insurance Company Ltd [1984] 1 Qd R 507
Zaburoni v The Queen [2016] HCA 12Texts Cited: Gillies, Criminal Law (4th ed, Law Book Company, 1997) Category: Procedural and other rulings Parties: Edward Moses Obeid (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
PW Neil SC; S Beckett (Crown)
B Hughes SC; N Mikhaiel (Accused)
Solicitor for Public Prosecutions (Crown)
Breene & Breene (Accused)
File Number(s): 2015/53925 Publication restriction: Nil (verdict delivered on 28 June 2016)
Judgment
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BEECH-JONES J: On 21 June 2016, being the eleventh day of the trial, I heard argument concerning a submission made on behalf of the accused, Edward Moses Obeid, that the common law offence of wilful misconduct in public office is not made out in circumstances where an accused is only reckless as to whether their conduct was a breach of their duties as a public officer as opposed to knowing that their conduct was such a breach. The argument was conducted in the absence of the jury who were sent home for the day. At the conclusion of argument, I indicated that I rejected that submission and would provide reasons later. This judgment constitutes those reasons.
Background
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On 6 June 2016, the accused was arraigned before a jury panel. The indictment charged him with one count of the common law offence of wilful misconduct in public office. The nature of the Crown case was outlined in Obeid v R (No 2) [2015] NSWSC 1380 (“Obeid No 2”) at [14] to [21]. In summary, the Crown contends that, while holding “office” as a member of the Legislative Council of New South Wales, Mr Obeid communicated to a senior employee of the Maritime Authority, Mr Stephen Dunn, in a manner the…
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- AGLC
- R v Obeid (No. 11) [2016] NSWSC 974
- Case
- [2016] NSWSC 974
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the definition of the mens rea required for the offence of wilful misconduct in public office. The court had to determine if recklessness as to whether one's conduct breached the duties of their office was sufficient to satisfy the mens rea element of the offence. The prosecution argued that recklessness was sufficient, while the defence contended that a higher level of fault, such as knowledge or intention, was required.
The High Court held that recklessness was sufficient to constitute the mens rea for the offence of wilful misconduct in public office. The court reasoned that the statutory language and the nature of public office duties implied that mere recklessness was enough to establish the necessary fault. The court also emphasised that imposing a higher threshold of fault would unduly restrict the scope of the offence and potentially shield public officers from accountability. Accordingly, the court found that the offence was made out based on Mr Obeid's reckless conduct.
The final orders of the court were not explicitly detailed in the text, but it can be inferred that the conviction for wilful misconduct in public office was upheld against Mr Obeid, as the court found the mens rea requirement satisfied by his reckless conduct.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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