Legal Profession Conduct Commissioner v Harrap

The Legal Profession Conduct Commissioner brought an application before the Full Court of the Supreme Court of South Australia seeking to strike the name of Mr Harrap, a former magistrate, from the roll of legal practitioners. Mr Harrap had been convicted of conspiracy to improperly exercise power held in public office and two counts of deception. The Court of Appeal had subsequently varied his sentence, increasing the term of imprisonment for the conspiracy offence.

The central legal issue before the Full Court was whether Mr Harrap's criminal convictions and the circumstances of his offending warranted the disciplinary action of striking his name from the roll of legal practitioners. This involved considering the impact of his conduct on public confidence in the legal profession and the judiciary, particularly given his former position as a magistrate.

The Court reasoned that Mr Harrap's conduct, involving a conspiracy with a solicitor to improperly influence the outcome of a court matter before him and engaging in deception, was fundamentally incompatible with the standards of integrity and probity expected of legal practitioners. The Court emphasised its supervisory jurisdiction over the legal profession and the need to maintain public confidence in the administration of justice. The fact that Mr Harrap was a judicial officer at the time of his offending amplified the seriousness of his actions and the need for a strong disciplinary response.

Consequently, the Court ordered that Mr Harrap's name be struck from the roll of legal practitioners.