Dean v Legal Practice Board

[2016] WASCA 63

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Unqualified legal practice
3. › Engaging in legal practice without being an Australian legal practitioner
4. › Whether Legal Practice Board authorised to bring criminal prosecution
5. › Whether remuneration an element of offence or a defence
6. › Legal Profession Act 2008 (WA), ss 11, 12(2), 12(4), 534, 592
1. Criminal Law
2. › Principal offenders
3. › Aiding, counselling or procuring
4. › Whether Criminal Code s 7(d) applies to offences under other statutes
5. › Criminal Code (WA), s 7(d)
6. › Legal Profession Act 2008 (WA), s 12(2)
1. Criminal Law
2. › Appeal
3. › Application for leave to appeal
4. › Whether proposed grounds had reasonable prospect of success
5. › Whether verdicts unsafe or unsatisfactory
6. › Criminal Appeals Act 2004 (WA), ss 9, 18
1. Evidence
2. › Admissibility
3. › Banker's books
4. › Statutory requirements for admissibility of banker's affidavit
5. › Evidence Act 1906 (WA), ss 89-92

Quick Take

The Legal Practice Board of Western Australia is authorised by ss 534 and 592 of the Legal Profession Act 2008 (WA) to bring criminal prosecutions for offences against s 12 of that Act, and is both an 'authorised person' under s 20(1)(a) and a 'public authority' under s 3 of the Criminal Procedure Act 2004 (WA). Remuneration is not an element of the offence under s 12(2); rather, s 12(4) provides a defence which the accused must prove on the balance of probabilities. Section 7(d) of the Criminal Code applies to offences under the LPA, so a person may be convicted of counselling or procuring another to engage in unlawful legal practice.