Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320

New South Wales Court of Appeal

CITATION : Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320 HEARING DATE(S) : 18/09/03 JUDGMENT DATE : 18 September 2003

JUDGMENT OF : Meagher JA at 1, 35, 37; Young CJ in Eq at 2-34; Tobias JA at 36 DECISION : Application dismissed with costs.

CATCHWORDS : A solicitor pleaded guilty to importing a trafficable quantity of cocaine and served a sentence of imprisonment. The Prothonotary of the Supreme Court of NSW applied to have her removed from the Roll of Legal Practitioners on the grounds that her conviction constituted professional misconduct within the meaning of s 127(1)(b) of the Legal Profession Act and that she was not a fit and proper person to remain on the Roll of Legal Practitioners. The Court found that the solicitor had been drug free for almost five years and that the factual matrix of the case was such that the solicitor was not a risk to the public. LEGAL PRACTITIONERS- Legal professional standards- Good fame and character- Professional misconduct- Application to have solicitor struck off the Roll- Criminal offence- Punished for her crime- Was the solicitor a fit and proper person to remain on the roll of Legal Practitioners- Protection of the community and the profession- Rehabilitation from addiciton to illicit drugs- Five years since commission of offence- Period of self-imposed suspension- Substantial character evidence from referees fully aware of the facts of the matter. LEGISLATION CITED : Legal Profession Act 1987, ss 32, 33 48K(5) Barristers' Board v Darveniza (2000) 112 A Crim R 438 (QCA) Briginshaw v Briginshaw (1938) 60 CLR 336 Clearihan v Registrar of Motor Vehicle Dealers (1994) 117 FLR 455 Council of Law Society of NSW v A Solicitor [2002] NSWCA 62 McBride v Walton (NSWCA, 15.7.1994) NSW Bar Association v Cummins (2001) 52 NSWLR 279 NSW Bar Association v Hamman [1999] NSWCA 404 NSW Bar Association v Maddocks (NSWCA, 23.8.1988) CASES CITED : NSW Bar Association v Somosi (2001) 48 ATR 562 Prothonotary v Del Castillo [2001] NSWCA 75 Prothonotary v Richard (NSWCA, 31.7.1987) Re Evatt; Ex parte NSW Bar Association (1967) 67 SR (NSW) 236 Re Leardo (1991) 805 P (2d) 948 Re Nadrich (1988) 747 P (2d) 1146 Re Quick (17.3.03) Re Weare [1893] 2 QB 439 Ziems v Prothonotary (1957) 97 CLR 279 PARTIES : Prothonotary of the Supreme Court of NSW (Claimant) P (Opponent) FILE NUMBER(S) : CA 41115/02 D Dickinson (Claimant) COUNSEL : P L G Brereton SC and P E McDonald (Opponent) R J Collins (Solicitor for Law Society of NSW) SOLICITORS : Crown Solicitor (Claimant) Greg Walsh & Co (Opponent)