SUPREME COURT OF QUEENSLAND
CITATION:
Barristers’ Board v Pratt [2002] QCA 532
PARTIES:
BARRISTERS’ BOARD
(applicant)
v
NORRIS HARRY PRATT
(respondent)FILE NO/S:
Appeal No 10612 of 2002
DIVISION:
Court of Appeal
PROCEEDING:
Miscellaneous Application - Civil
DELIVERED EXTEMPORE ON:
5 December 2002
DELIVERED AT:
Brisbane
HEARING DATE:
5 December 2002
JUDGES:
de Jersey CJ, Helman and Philippides JJ
Judgment of the CourtORDER:
Order that the name of the respondent be removed from the Roll of Barristers.
CATCHWORDS:
PROFESSIONS AND TRADES – LAWYERS – REMOVAL OF NAME FROM ROLL – application for removal of respondent from Barristers’ Roll on grounds that he had pleaded guilty to 12 child sexual offences – consideration of duties and necessary attributes of barristers
COUNSEL:
R Trotter for the applicant
SOLICITORS:
Hemming & Hart for the applicant
THE CHIEF JUSTICE: The Barristers' Board has applied for an order that the name of the respondent Norris Harry Pratt be removed from the roll of barristers. Mr Pratt does not oppose, indeed consents to, such an order.
On 18 December 2001, the respondent pleaded guilty to 12 offences committed over the period 31 December 1991 to 1 January 1993. They included carnal knowledge by anal intercourse, indecent dealing with a male under the age of 16 years, wilful exposure of a child under 16 years and taking an indecent photograph of a male under 16 years. The respondent was sentenced to an effective term of two and a-half years' imprisonment.
The respondent has previously practised as a barrister and served as a judicial officer in Papua New Guinea, and as a Crown Prosecutor in the Office of the Director of Public Prosecutions in Queensland.
Personal offending of such gravity carried on over a substantial period is inimical to the high standard of respect for the law, integrity, trustworthiness and common decency expected of members of the Bar both by the Courts of law and the public. It is intolerable to think that the Court would hold out as fit to practise as a barrister a person who has shown such blatant disrespect for the law he is ethically and otherwise obliged to uphold. No response, short of striking off, should be made in this situation.
There will accordingly be an order that the name of the respondent be removed from the roll of barristers and, in so saying, I express the view of the Court with the concurrence of my colleagues.
‑‑‑‑‑
- AGLC
- Barristers' Board v Pratt [2002] QCA 532
- Case
- [2002] QCA 532
- Decision Date
CaseChat Overview and Summary
The central issue before the court was whether the respondent's criminal offences were of such a serious nature that they warranted his removal from the Roll of Barristers. The court considered the duties and necessary attributes of a barrister, as well as the need for the legal profession to maintain public confidence. The court examined the principles of legal professional conduct and the need for lawyers to be of good fame and character.
The court found that the respondent's criminal conduct was of a serious nature and warranted his removal from the Roll of Barristers. The court held that the respondent's offences were incompatible with the duties and necessary attributes of a barrister, and that his removal from the Roll was necessary to maintain public confidence in the legal profession. The court emphasised the importance of the legal profession upholding the highest standards of integrity and morality. The court ordered that the respondent's name be removed from the Roll of Barristers.
Orders
Orders of the court
Order that the name of the respondent be removed from the Roll of Barristers.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.