Criminal law – Conspiracy – Common law offence of conspiracy to commit misconduct in public office – Where accused charged on indictment with single count of conspiring together that one of them would wilfully commit misconduct in public office – Where prosecution did not allege agreement to do particular acts that amounted to misconduct in public office – Where prosecution case was that agreement to undertake acts fell within cumulative elements of charge – Whether prosecution put case at trial capable at law of amounting to conspiracy to commit misconduct in public office.
Words and phrases – "but for", "conspiracy", "conspiracy to commit misconduct in public office", "conspirator", "conspiratorial agreement", "elements of conspiracy", "elements of misconduct in public office", "improper purpose", "misconduct", "misconduct in public office", "overt acts", "predicate offence", "public official", "serious and meriting criminal punishment", "wilfully misconduct".
Mining Act 1992 (NSW), Pt 5.