Obeid v The KingObeid v The KingMacdonald v The KingCitation:[2026] HCA 1Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:04 Feb 2026Case Number:S88/2025, S89/2025, S93/2025Read more
The Court held that the prosecution must allege and prove an agreement to commit particular acts that amount to misconduct in public office; a general agreement to undertake acts falling within the elements of the offence is insufficient.
Source-derived case information.
- Parties
- Applicant: Obeid; Respondent: The King
- Jurisdiction
- Australia
- Judgment Date
- 04 February 2026
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Conspiracy, Misconduct in Public Office
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Obeid
Applicant
The King
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the prosecution's case at trial was capable at law of amounting to conspiracy to commit misconduct in public office
Ratio Decidendi
The Court held that the prosecution must allege and prove an agreement to commit particular acts that amount to misconduct in public office; a general agreement to undertake acts falling within the elements of the offence is insufficient.
Court Disposition
appeal allowed
Orders
- Convictions quashed
- New trial ordered
Full Case Text
Judgment text and source record
1 paragraphs
Judgment date 04 February 2026 Case number S88/2025 S89/2025 S93/2025 Before Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJ Catchwords 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. Files Obeid v The King (S88, S89 & S93-2025) [2026] HCA 1.pdf (252.5 KB) Obeid v The King (S88, S89 & S93-2025) [2026] HCA 1.docx (97.26 KB)