LEGAL PROFESSION COMPLAINTS COMMITTEE and BRENNAN

In the case of the Legal Profession Complaints Committee v Brennan, the Legal Profession Complaints Committee sought a finding of professional misconduct against Damien Gerard Brennan, a legal practitioner, and a recommendation that his name be removed from the roll of legal practitioners. Mr Brennan had been convicted on 70 counts of stealing and one count of attempting to gain benefit by fraudulent means. The Tribunal heard the matter on the documents delivered and agreed that a report should be transmitted to the Supreme Court for consideration of removal from the roll of legal practitioners.

The Tribunal considered the legal issues of whether Mr Brennan's conduct amounted to professional misconduct and whether the appropriate penalty was removal from the roll. The Tribunal found that Mr Brennan's conduct demonstrated unfitness to remain on the roll of legal practitioners, and that the appropriate penalty was a recommendation for removal from the roll.

The Tribunal's reasoning was based on the seriousness of Mr Brennan's conduct, his betrayal of trust, and his lack of remorse. The Tribunal noted that the offences were not impulsive but purposeful, and that Mr Brennan was a serial offender. The Tribunal also considered the comments of the sentencing judge, who described the crimes as representing 'the worst possible offences for a solicitor'.

The Tribunal made and transmitted a report to the Supreme Court (full bench) pursuant to s 438(2)(a) of the Legal Profession Act 2008 (WA). The report recommended that Mr Brennan's name be removed from the roll of legal practitioners.