A solicitor's conviction for a serious drug offence, including importation of a trafficable quantity of cocaine, does not necessarily warrant striking off the Roll where there is clear and convincing evidence of rehabilitation, the offence was unrelated to professional practice, and no risk to the public or profession is demonstrated. The Court adopted a ten-factor test for assessing compelling mitigating circumstances in drug offence cases, including absence of prior record, absence of enrichment motive, cooperation with authorities, offence unrelated to practice, evidence of rehabilitation, and self-imposed suspension from practice.
The full text is available to signed-in members, including the 37 later cases that cite this judgment.
14 of the 37 citing cases carry a classified treatment. How each court treated it is available to signed-in members.