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Date of conviction of misconduct in relation to public office; tried by Lynch QC DCJ and jury; council employee misrepresented that fill delivered by friend’s company delivered on council’s behalf, attracting reduced rate; trial judge ruled that existence of dishonest intent sufficed regardless of whether accused would have engaged in conduct anyway; Crown case that accused motivated in part to assist friend’s company; defence case that accused acted only to expedite restoration of council land.
Appeal Determined (QCA)
[2021] QCA 268 (2021) 9 QR 587; (2021) 293 A Crim R 290
07 Dec 2021
Appeal against conviction allowed, conviction quashed, retrial ordered; per curiam, that jury should have been directed that accused’s dishonest intent must have been causative in the sense that, but for it, the ‘authority of office’ would not have been exercised as it was; per Daubney and Boddice JJ, McMurdo JA contra, that a properly-instructed jury could conclude that accused would not have facilitated dumping of fill on preferential terms but for his dishonest intent.
Appeal Status
Appeal Determined (QCA)
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