Court Clerk asks Workmate to Make his Criminal Charges Go Missing—Avoids Conviction
Section 122 of the Criminal Code sets out the offence of breach of trust by a public official: 122. Every official who, in connection with the duties of his office commits fraud or breach of trust is guilty of an indictable offence… Whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person. The elements which must be proved beyond a reasonable doubt to establish the offence of breach of trust by a public officer are as follows: 1. The accused is an official; 2. The accused was acting in connection with the duties of his or her office; 3. The accused breached the standard of responsibility and conduct demanded of him or her by the nature of the office; 4. The conduct of the accused represented a serious and marked departure from the standards expected of an individual in the accused’s positi...