Maitland v R; Macdonald v R [2019] NSWCCA 32

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Maitland v R; Macdonald v R [2019] NSWCCA 32 Hearing dates: 13 & 14 November 2018 Date of orders: 25 February 2019 Decision date: 25 February 2019 Before: Bathurst CJ, Beazley P, Ward CJ in Eq, Hamill J, N Adams J at [1] Decision: The following orders are made in respect of each appellant: 1. Appeal against conviction allowed. 2. Conviction quashed. 3. A new trial is ordered. 4. The matter is listed for mention in the Supreme Court Arraignments List on 1 March 2019 or such other date as directed by the Criminal List Judge. 5. Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), on the ground set out in s 8(1)(e) of that Act, order that disclosure of [93]-[635] of these reasons (other than the orders themselves) be prohibited pending further order of the Court. This order does not apply to the disclosure of those paragraphs to the parties to these proceedings, their legal representatives or the Court. Catchwords: CRIMINAL LAW – appeals – appeal against conviction – principal offender – 2 counts of wilful misconduct in public office – common law offence

CRIMINAL LAW – appeals – appeal against conviction – accessory – 2 counts accessory before the fact to wilful misconduct in public office

CRIMINAL LAW – appeals – appeal against conviction – directions to jury – misdirection – mental element of offence of misconduct in public office

CRIMINAL LAW – appeals – appeal against conviction – unreasonable verdict