Where a disciplinary tribunal adopts a global approach to penalty for related charges, it cannot simultaneously use the conduct the subject of one charge as an aggravating factor for another charge, as this constitutes double punishment. The common law rule in [name withheld] v The Queen requiring separate penalties for each count applies in disciplinary proceedings unless the charged conduct is so inextricably interwoven as to make separate penalties impractical. A barrister's decision not to declare bankruptcy and instead to repay tax debts is a significant mitigating factor that should be given substantial weight, as it demonstrates willingness to atone for past conduct and maximises the return to creditors.
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