§ discipline
‹ Browse decisions

DAVID CHARLES MIZEN

JurisdictionAustralia — Western Australia
BodyLegal Practice Board of Western Australia (LPBWA)
Professionlawyer — Shop 5 6 Canning Road KALAMUNDA WA 6076
Case numberLegal Practitioners Complaints Committee v Mizen [2021] WASAT 80
Date2 June 2021
HearingState Administrative Tribunal
OutcomeProfessional Misconduct. Referral to Supreme Court (full bench) recommending name be removed from the roll of practitioners

Allegation / charges

Professional Misconduct. Referral to Supreme Court (full bench) recommending name be removed from the roll of practitioners

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

SanctionStrike Off
Dishonesty foundNo

David Charles Mizen, a WA legal practitioner, was convicted in December 2020 of one count of distributing and two counts of possessing child exploitation material, receiving a total effective sentence of 3 years' immediate imprisonment. The State Administrative Tribunal found this constituted professional misconduct demonstrating he is not a fit and proper person to practise law, citing his 'complete lack of integrity' (no express dishonesty finding). The Tribunal ordered a report be transmitted to the Supreme Court (full bench) recommending removal of his name from the roll. The Committee withdrew its application for costs; no fine or costs were ordered.

Duties found breached:

Aggravating factors:

  • Serious criminal conduct resulting in 3 years' immediate imprisonment
  • Large volume of child exploitation material including category 5 (sadism, bestiality, bondage) images involving very young children
  • Conduct engaged in over an extended period (at least 10 years)
  • No significant indication of remorse
  • Sexual interest in children found; conduct fuelled demand for such material

Mitigating factors:

  • Pleaded guilty to the offences
  • Did not oppose the application and consented to orders
  • Had applied for cancellation of his practising certificate

Duties engaged

Other decisions involving this respondent

Matched by respondent name — may include a different person with the same name.

Documents

Source: https://www.lpbwa.org.au/getmedia/e88f5464-6f25-45e2-b150-f9c594dd81c1/register_of_disciplinary_action.pdf