R v Quach

The respondents, who were public officers, were charged with the common law offence of misconduct in public office. The respondents moved to refer questions of law to the Court of Appeal, which were ultimately referred to the High Court. The questions related to the elements of the offence, specifically whether there must be a necessary relationship between the public office and the alleged conduct for the purposes of the offence, whether the conduct must occur ‘in relation to’ the office, whether the public officer must be acting ‘as such’, and how the seriousness of the misconduct is to be described.

The Court considered the common law principles surrounding the offence of misconduct in public office, noting that the common law offence is not defined in any statute. The Court found that the offence requires a necessary relationship between the public office and the alleged conduct, that the conduct must occur ‘in relation to’ the office, and that the public officer must be acting ‘as such’. The Court also found that the seriousness of the misconduct is to be described by reference to the nature of the public office and the extent to which the conduct departed from the standards of conduct expected of a person holding that office.

The Court of Appeal’s answers to the questions were affirmed, and the respondents’ appeals were dismissed. The Court held that the common law offence of misconduct in public office requires a necessary relationship between the public office and the alleged conduct, that the conduct must occur ‘in relation to’ the office, and that the public officer must be acting ‘as such’. The Court also held that the seriousness of the misconduct is to be described by reference to the nature of the public office and the extent to which the conduct departed from the standards of conduct expected of a person holding that office. The Court’s decision provides clarity on the elements of the common law offence of misconduct in public office and will assist practitioners in advising clients on potential criminal liability for public officers.