David Hamilton Benham

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

David Hamilton Benham, a former solicitor admitted in 1970 who practised as a consultant and had voluntarily removed his name from the Roll in June 2001, was convicted at Winchester Crown Court of eleven counts of theft for stealing money from his elderly aunt for whom he held a power of attorney. He was sentenced to six months' imprisonment (concurrent) and ordered to pay £73,229.76 compensation. The Tribunal found the allegation substantiated (admitted) and that he had been convicted of offences of dishonesty, breaching the trust placed in him. He was prohibited from having his name restored to the Roll except by order of the Tribunal and ordered to pay costs of £832.50.

Duties found breached:

• Proper basis for allegations

Aggravating factors:

• Breach of trust placed in him by his elderly aunt under power of attorney
• Convicted of dishonesty offences resulting in custodial sentence
• Conduct damaged reputation of the profession and undermined public confidence

Mitigating factors:

• Admitted the allegation and did not contest the matter
• Consented to the order through his solicitor