Edward Moses Obeid v. The King

Moses Edward Obeid v. The King

Macdonald v. The King

Lower Court Judgment

06/10/2023 Supreme Court of New South Wales (Court of Criminal Appeal) (Bell CJ, Basten AJA and Button J)

[2023] NSWCCA 250

Catchwords

CRIMINAL LAW – Conspiracy – Conspiracy to commit common law offence of wilful misconduct in public office – Elements of conspiracy – Element of misconduct created by conflict between self-interest and public duty – Need to establish causal element – Whether agreement to undertake particular act(s) required – Whether each participant in the conspiracy must agree to carry out act(s) in furtherance of unlawful purpose – Whether Crown case was defective because it did not allege an agreement for one participant to do a particular act or act that amounted to misconduct in public office.