NSW Bar Association v Howen (No 2)

The NSW Bar Association brought a disciplinary application against a barrister, Howen, in the NSW Supreme Court. The Association alleged that Howen had engaged in professional misconduct in relation to his conduct during two separate trials. The Association sought a range of penalties, including suspension from practice and a fine. Howen denied the allegations and argued that the Association had not proved its case against him.

The primary legal issue before the court was whether Howen had engaged in professional misconduct. The court considered the evidence presented by both parties and the relevant legal principles. The court found that Howen had indeed engaged in professional misconduct, but that the Association had not proved that he had acted dishonestly or with criminal intent. The court also found that the appropriate penalty was a fine of $10,000.

The court's reasoning was based on a careful consideration of the evidence and the relevant legal principles. The court found that Howen's conduct had fallen below the professional standards expected of a barrister, but that the Association had not proved that he had acted dishonestly or with criminal intent. The court also found that the appropriate penalty was a fine, rather than suspension from practice, as Howen had otherwise demonstrated his fitness to practise as a barrister. The court ordered that one-third of the costs of the proceedings be paid from the Public Purpose Fund.