In disciplinary proceedings against legal practitioners, the principle from criminal law that a penalty may not be increased to mark disapproval of an accused putting issues to proof does not apply with the same force. The Tribunal is not only entitled but obliged to take into account a practitioner's failure to acknowledge and understand the significance of professional misconduct when determining penalty, because disciplinary proceedings are sui generis and primarily protective rather than punitive. An appeal on a question of law under s 170(1) of the Legal Practice Act 1996 does not extend to challenges to findings of fact.
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