The Prothonotary of the Supreme Court of New South Wales v. Sukkar [2007] NSWCA 341

The Prothonotary of the Supreme Court of New South Wales v. Sukkar [2007] NSWCA 341

The opponent's conviction for a very serious drug importation offence, sentence of 14 years' imprisonment with a non-parole period of nine years, knowing involvement in that offence, and knowing false evidence at his criminal trial demonstrated that he was not of good fame and character and was not a fit and proper person to remain on the Roll. His false evidence was conduct closely related to legal practice and constituted professional misconduct. Because no period could be specified after which there was a probability that he would be fit to practise, protection of the public required removal from the Roll rather than suspension.

Jurisdiction
Australia
Judgment Date
29 November 2007
Procedural Posture
Legal Practitioner Disciplinary Proceedings for Declarations of Professional Misconduct, Lack of Good Fame and Character, Unfitness, and Removal From the Roll / Court of Appeal Judgment on Amended Summons
Outcome
Declarations made that Steven Sukkar was not of good fame and character, engaged in professional misconduct by knowingly giving false evidence, and was not a fit and proper person to remain on the Roll; his name was ordered to be removed from the Roll and he was ordered to pay costs.
Legal Topics
['removal From Roll' 'professional Misconduct' 'fit and Proper Person' 'good Fame and Character' 'conviction for Serious Drug Offence' 'false Evidence' 'briginshaw Standard']
['legal Practitioners' 'professional Discipline' 'criminal Law'] ['removal From Roll' 'professional Misconduct' 'fit and Proper Person' 'good Fame and Character' 'conviction for Serious Drug Offence' 'false Evidence' 'briginshaw Standard']

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Procedural Posture

Legal Practitioner Disciplinary Proceedings for Declarations of Professional Misconduct, Lack of Good Fame and Character, Unfitness, and Removal From the Roll / Court of Appeal Judgment on Amended Summons

Legal Issues

  1. 1 ['Whether Steven Sukkar was not of good fame and character because of his conviction for knowingly being concerned in the importation of narcotic goods.' 'Whether Steven Sukkar knowingly gave false evidence at his criminal trial and thereby engaged in professional misconduct.' 'Whether conduct outside legal practice, including a serious drug importation offence and false evidence, demonstrated that Steven Sukkar was not a fit and proper person to remain on the Roll of lawyers.' 'Whether suspension from practice was sufficient or removal from the Roll was required.']

Ratio Decidendi

The opponent's conviction for a very serious drug importation offence, sentence of 14 years' imprisonment with a non-parole period of nine years, knowing involvement in that offence, and knowing false evidence at his criminal trial demonstrated that he was not of good fame and character and was not a fit and proper person to remain on the Roll. His false evidence was conduct closely related to legal practice and constituted professional misconduct. Because no period could be specified after which there was a probability that he would be fit to practise, protection of the public required removal from the Roll rather than suspension.

Court Disposition

Declarations made that Steven Sukkar was not of good fame and character, engaged in professional misconduct by knowingly giving false evidence, and was not a fit and proper person to remain on the Roll; his name was ordered to be removed from the Roll and he was ordered to pay costs.

Orders

  • ['Declare that Steven Sukkar, having been found guilty upon a charge that he was knowingly concerned in the importation into Australia of narcotic goods (namely, 34.4 kilograms of pure 3,4 methylene-dioxymethamphetamine in an admixture totalling 123.75 kilograms, commonly known as "ecstasy") and was sentenced to 14...