NSW Caselaw
New South Wales Court of Appeal
CITATION: The Prothonotary of the Supreme Court of New South Wales v. Sukkar [2007] NSWCA 341
HEARING DATE(S): 11 October 2007
JUDGMENT DATE: 29 November 2007
JUDGMENT OF: Hodgson JA at 1; Tobias JA at 32; Basten JA at 33
DECISION: (1) Declare that Steven Sukkar, having been found guilty upon a charge that he was knowingly concerned in the importation into Australia of narcotic goods (namely, 34.4 kilograms of pure 3,4 methylene-dioxymethamphetamine in an admixture totalling 123.75 kilograms, commonly known as "ecstasy") and was sentenced to 14 years' imprisonment with a non-parole period of nine years, is a person who is not of good fame and character. (2) Declare that Steven Sukkar, in giving evidence on oath in September 2003 that he had not knowingly been concerned in the importation before 1 December 2001, that evidence being false to his knowledge, engaged in professional misconduct. (3) Declare that Steven Sukkar is not a fit and proper person to remain on the Roll of lawyers of the Supreme Court of New South Wales. (4) Order that the name of Steven Sukkar be removed from the Roll of lawyers of the Supreme Court of New South Wales. (5) Order that Mr Sukkar pay the Prothonotary's costs of these proceedings.
CATCHWORDS: LEGAL PRACTITIONERS - Removal from Roll - Professional misconduct - Fit and proper person - Conviction for serious drug offence - Whether finding should be made that opponent gave false evidence.
Briginshaw v. Briginshaw (1938) 60 CLR 336 Gonzales v. Claridades [2003] NSWSC 508, 58 NSWLR 188 Health Care Complaints Commission v Wingate [2007] NSWCA 326 In re Thom; Ex parte The Prothonotary (1962) 80 WN (NSW) 968 CASES CITED: New South Wales Bar Association v Maddocks (unrep, NSWCA, 23 August 1988) New South Wales Bar Association v. Cummins [2001] NSWCA 284, 52 NSWLR 279 Prothonotary of Supreme Court of New South Wales v. P [2003] NSWCA 320 R v. Sukkar [2005] NSWCCA 54 Tripodi v. The Queen (1961) 104 CLR 1 Ziems v The Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279
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