QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Legal Services Commissioner v Munt [2019] QCAT 160
PARTIES:
LEGAL SERVICES COMMISSIONER
(applicant)v NIGEL FRANCIS MUNT
(respondent)
APPLICATION NO/S:
OCR080-17
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
25 June 2019
HEARING DATE:
11 April 2018
Further written submissions
HEARD AT:
Brisbane
DECISION OF:
Justice Daubney, President
Assisted by:
Mr Peter Sheehy
Dr Margaret Steinberg AMORDERS:
1. The respondent not be granted a local practising certificate before the end of the period of five years commencing 8 April 2015;
2. The respondent is publicly reprimanded;
3. The respondent shall pay the applicant’s costs of and incidental to this discipline application, such costs to be assessed on the standard basis for matters in the Supreme Court of Queensland.
CATCHWORDS:
PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT – CRIMINAL OFFENCES – where the respondent was convicted of three dangerous drug offences – where the Tribunal finds the respondent’s offending conduct constitutes professional misconduct – where the misconduct did not occur in connection with legal practice – what orders should be made under s 456 of the Legal Profession Act 2007 consequent on the finding of professional misconduct
Legal Profession Act 2007, s 419, s 456, s 462
Barristers' Board v Darveniza [2000] QCA 253
Council of the Law Society of Queensland v Whitman [2003] QCA 438
Legal Practitioners’ Complaints Committee v Bull [2006] WASAT 217
Legal Practitioners’ Complaints Committee v Palumbo [2005] WASCA 129
Legal Services Commissioner v Madden (No 2) [2009] 1 Qd R 149
Legal Services Commissioner v Meehan [2019] QCAT 17
Prothonotary of the Supreme Court of New South Wales v P [2003] NSWCA 320
Prothonotary of the Supreme Court of New South Wales v Sukkar [2007] NSWCA 341
Re a Practitioner [2004] WASCA 283
Watts v Legal Services Commissioner [2016] QCA 224
Ziems v Prothonotray of the Supreme Court of New South Wales (1957) 97 CLR 279APPEARANCES & REPRESENTATION:
Applicant:
M R Lester, Prosecutor of Legal Services Commissioner
Respondent:
M Black instructed by McGinness & Associates
REASONS FOR DECISION
This discipline application under the Legal Profession Act 2007 (“LPA”) brought by the applicant, the Legal Services Commissioner, against the respondent, Nigel Francis Munt, particularises one charge, namely that on 8 April 2015, the respondent was convicted of the offences of:
(a)trafficking in a dangerous drug methylamphetamine between 23 August 2011 and 8 August 2012 (one count);
(b)supplying dangerous drug methylamphetamine between 21 September 2011 and 5 July 2012 (19 counts); and
(c)supplying dangerous drug cannabis on 2 November 2011.
For having committed these offences, the respondent was sentenced to an effective head sentence of three years’ imprisonment wholly suspended for an operational period of four years.
It was not in issue that the fact of these convictions, and indeed the circumstances underpinning the convictions, were such as to warrant a finding of professional misconduct[1] against the respondent.
[1]Within the meaning of that term in s 419 of the LPA
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- Case
- [2019] QCAT 160
- Decision Date
CaseChat Overview and Summary
The Tribunal found that the respondent’s criminal activities constituted professional misconduct, as they demonstrated a lack of honesty, trustworthiness, and unsuitability to practise law. Despite the fact that the misconduct did not occur in connection with the respondent’s legal practice, the Tribunal held that the nature of the offences was such that it brought the legal profession into disrepute. The Tribunal considered the respondent’s previous good standing and the absence of any previous disciplinary action against them, but ultimately concluded that the gravity of the offences warranted a significant disciplinary response.
In determining the appropriate disciplinary order, the Tribunal imposed a five-year suspension of the respondent’s right to be granted a local practising certificate, along with a public reprimand and an order that the respondent pay the Commissioner’s costs. The Tribunal found these measures to be appropriate given the seriousness of the respondent’s criminal conduct and the need to uphold the integrity of the legal profession. The respondent has the right to appeal the Tribunal’s decision within 28 days of the decision being made.
Orders
Orders of the court
1. The respondent not be granted a local practising certificate before the end of the period of five years commencing 8 April 2015;
2. The respondent is publicly reprimanded;
3. The respondent shall pay the applicant’s costs of and incidental to this discipline application, such costs to be assessed on the standard basis for matters in the Supreme Court of Queensland.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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