THE CRIMINAL OFFENCE OF COMMIT MISCONDUCT IN PUBLIC OFFICE
The criminal offence of commit misconduct in public office is a serious common law criminal offence that can lead to severe consequences. Criminal Lawyers Group have been nationally recognised as the number one criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of commit misconduct in public office.
If you or anyone you know have been accused or charged with the criminal offence of commit misconduct in public office, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF COMMIT MISCONDUCT IN PUBLIC OFFICE?
The criminal offence of commit misconduct in public office is derived from common law, rather than statute law and refers to a public official, in the course of or connected to their public office:
- Wilfully misconducting themselves by an act or omission without reasonable excuse or justification;
- Where such misconduct is serious and meriting criminal punishment having regard to the responsibilities of the office and the officeholder, the importance of the public objects which they serve and the nature and extent of the departure from those objects.
WHAT IS THE PUNISHMENT FOR THE CRIMINAL OFFENCE OF COMMIT MISCONDUCT IN PUBLIC OFFICE?
There is no maximum penalty for the criminal offence of commit misconduct in public office. It is considered ‘at large’ and the penalty is at the discretion of the court. It is the practice of the court to, where available, use a comparable statutory offence as a reference point for the imposition of penalty. However, this practice does not establish a maximum penalty, but rather a guide or reference point only.
A conviction of the criminal offence of misconduct in public office is very likely to have serious repercussions on your professional career and personal life. It is almost certain to end the public office career through which the offence was committed, whilst making it difficult to pursue alternative career paths.
AMOUNT OF MONEY RELEVANT TO LEVEL OF SERIOUSNESS
The case of Blackstock v R (2013) NSWCCA determined that the amount of money involved in the commission of the criminal offence of commit misconduct in public office is a highly relevant consideration in assessing and determining the level of seriousness of the offending. In this case, the NSW Court of Criminal Appeal upheld the sentence of four years imprisonment against the individual convicted of the criminal offence of misconduct in public office.
However, whilst the amount of money is relevant to the level of seriousness, it is not necessary that there be money involved for the offence to be considered serious. The offence in the case of Hughes v R (2014) NSWCCA was characterised as being of a high level of seriousness due to the accessing of confidential police information for illegitimate purposes.
EDDIE OBEID TO KEEP $30 MILLION FROM CRIMINAL OFFENCE OF COMMIT MISCONDUCT IN PUBLIC OFFICE
Convicted criminal and former NSW Labor Minister and powerbroker Eddie Obeid will not have $30 million he made from a corrupt coal licence deal confiscated by the NSW Crime Commission.
Eddie Obeid had previously been found guilty of the criminal offence of commit misconduct in public office and he was subsequently sentenced to 5 years imprisonment, with a minimum non-parole period of 3 years imprisonment. The conviction arose from Mr Obeid having corruptly lobbied his former parliamentary colleagues to gain lucrative concessions over cafe leases at Circular Quay that were secretly owned by his family.
NSW Crime Commissioner Michael Barnes stated that the decision to not pursue the $30 million was not a decision he wished to make, but one that was required to be made due to the inability to find where the money ended up. He stated that, “the money went into a complex web of corporate discretionary trusts and was distributed along with lawfully obtained money. It was lent between a large number of beneficiaries and layered multiple times.”
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of commit misconduct in public office, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of commit misconduct in public office.