ALEXANDER JASON McLEAN

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

Alexander Jason McClean, an employed solicitor, was convicted in the District Court on two counts of intent to defraud under s 409(1)(c) of the Criminal Code (WA) relating to misappropriation of client trust funds for the benefit of a Ukrainian association, and sentenced to two years and eight months imprisonment. He also gave false information to the Legal Profession Complaints Committee. The State Administrative Tribunal found him guilty of professional misconduct by illegal conduct (admitted) and, holding that only extraordinary circumstances (which were absent) could avoid it, transmitted a report to the Supreme Court (full bench) recommending he be struck off the Roll. He was ordered to contribute $1,500 towards the Committee's costs (which totalled $4,840).

Duties found breached:

• No improper use of client money
• No baseless or threatened misconduct report

Aggravating factors:

• Misappropriation of client funds while serving as a solicitor
• Deception continued over a significant period (first incident December 2002, second September 2005)
• Failed to take immediate steps to repay the party entitled after funds were repaid to him in February 2006
• Attempted to maintain innocence by placing blame on his secretary and others in dealings with the Committee
• Served a prison sentence for the offending

Mitigating factors:

• Not motivated by personal pecuniary considerations
• Early pleas of guilty and remorse
• Prior good character and community contributions
• Positive character references and support
• Undertook psychotherapy counselling since the offences came to light
• Amounts ultimately repaid (commercial settlement on count 1, count 2 repaid in full)