A solicitor's trust account deficiency offence is more serious than the underlying theft counts and carries a higher maximum penalty reflecting the gravity of breach of professional trust obligations. On a Crown appeal, the Director should not ordinarily be heard to go back on a concession made by the prosecutor at first instance as to the appropriate sentencing range. The Court will be hesitant to return to custody a respondent who has already served or nearly completed the immediate term of imprisonment, particularly where family hardship exists.
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