R v Meeks

• Jurisdiction: Cayman Islands
• Judge: (Dobbs, Ag. J.)
• Judgment Date: 11 February 2020
• Date: 11 February 2020
• Court: Grand Court (Cayman Islands)

R.

and

MEEKS

(Dobbs, Ag. J.)

Grand Court, Criminal Side (Cayman Islands)

Criminal Law — misconduct in public office — elements of common law offence

Misconduct in public office is a common law offence. The elements of the offence are set out in Att.-Gen.’s Ref. (No. 3 of 2003) ([2005] Q.B. 73). The Crown must satisfy the court so that it is sure of the following: (a) that the defendant wilfully misconducted himself, that is to say, deliberately did something which was wrong, knowing it to be wrong or with reckless indifference as to whether it was wrong; (b) that the conduct amounted to an abuse of the public’s trust in the office holder; (c) that there was no reasonable excuse or justification for the conduct; and (d) that the misconduct was serious. Seriousness might depend on the seriousness of the consequences that followed the act. It has been held that the conduct must be of such degree as to be calculated to injure the public interest, as to call for condemnation and punishment (R. v. Dy...