Re a Barrister; Ex parte Prothonotary [1957] HCA 46

For the reasons I have given it is, I think, possible to say, firstly, that the mere fact of the appellant's conviction involving, as it may have done, a finding that, on the occasion in question, he drove his car with gross negligence and under the influence of intoxicating liquor did not justify the removal of his name from the roll of barristers. Secondly, it may be said that, when the whole of the evidence now available is examined, the fact of the appellant's conviction, as a factor for consideration, loses a great deal of its weight and, finally, that it is impossible, upon the evidence, to conclude that the appellant's conduct on the occasion in question was such as to make it appear that he was unfit to remain a member of the Bar.

There remains the question as to what order should be made in the circumstances. Clearly enough the order that his name should be removed from the roll of barristers should be set aside; the only difficulty as I see the case is to determine what order should be substituted. For my own part I am of opinion that where a member of the bar is serving a term of imprisonment for a serious offence he should not, during the term of his imprisonment, be permitted to hold himself out - however ineffectually that may be done - as a person entitled to practise as a barrister. Accordingly, whilst I think there was no justification for the removal of his name from the roll of barristers, I am of opinion that an order should be made suspending him from practice during the residue of the term of his imprisonment. The efficacy of such an order is recognised by the Barristers' Seniority and Suspension from Practice Rules and there seems no doubt that the court has power to make such an order: In re Spensley [1] .