Members of Parliament owe a duty of trust to serve the public interest and not to use their position for personal pecuniary benefit, and breach of that duty can constitute the common law offence of misconduct in public office. The Supreme Court has jurisdiction to try such charges; they are not within the exclusive cognisance of Parliament. When sentencing for a common law offence, the maximum penalty for an analogous statutory offence is a reference point but not a ceiling. Damage to the institutions of government is a relevant consideration in assessing the seriousness of the offence of misconduct in public office.
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