A legal practitioner's misappropriation of client funds, creation of backdated false bills of costs, and lying to the regulatory board and police constitutes dishonest conduct in the ordinary sense of the word, notwithstanding that the charge was brought under the 'substantial or recurrent failure' limb of unprofessional conduct rather than the 'dishonest offence' limb. Stress and personal circumstances, even if genuine, carry limited mitigating weight where the misconduct is deliberate, extends over a prolonged period, and the stress does not cover the full period of offending. A disciplinary tribunal must have regard to a practitioner's past disciplinary history when determining the appropriate order.
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