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R v Mitchell [2014] 2 Cr App R 2

R v Mitchell [2014] 2 Cr App R 2


Citation: R v Mitchell [2014] 2 Cr App R 2

Link to case on WorldLII.

Rule of thumb: What does holding public office mean? Legally, it means any position in the public sector with high responsibility & high public interest.

Judgment:

The basic facts of this case were it was stated that not everyone is defined as holding a position of public office. It was stated that in order to be considered to be in a position of public office the person had to have a particularly high status. In the Johnston case it was stated, ‘... where Sir Brian Leveson P said that defining a public office involved three questions: i) What is the position held? ii) What duties are undertaken by the officer? Judgment Approved by the court for handing down. Johnson v Westminster Magistrates Court iii) Does their discharge fulfil a responsibility of government such that the public has a significant interest in the discharge additional to or beyond that of a person who might be directly affected by a serious failure in its performance?’

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Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.