H R Wotherspoon

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

The Respondent, a solicitor, was convicted at Carlisle Crown Court of sexual assault on a female (committed on a night bus) and sentenced to a three-year community sentence with a sex offender programme, registration on the sex offenders' register for 5 years, £1,000 compensation and £2,500 prosecution costs. The SRA charged him with breaching Principle 6 of the SRA Principles 2011. He admitted the allegation, which the Tribunal found proved. The Tribunal expressly noted there was no suggestion of dishonesty, but found his behaviour dishonourable. Citing his serious lack of insight and remorse, the Tribunal considered the misconduct on the cusp of striking off but imposed an indefinite period of suspension instead, plus costs of £1,841.80.

Duties found breached:

• Uphold public trust in the profession

Aggravating factors:

• Misconduct involved commission of a criminal offence
• Misconduct was deliberate
• Victim was vulnerable and her movement restricted on the night bus
• Took advantage of a vulnerable person
• Worrying lack of insight and no genuine remorse
• Attempted to blame the victim
• Denied the charge at trial requiring victim to give evidence
• Did not admit the allegation until the morning of the hearing
• Significant publicity damaging reputation of the profession

Mitigating factors:

• Paid the £1,000 compensation ordered by the Crown Court
• Expressed some remorse in his letter to the SRA
• Single episode of misconduct in a previously unblemished career
• Positive references from former employers
• Cooperated and engaged with the SRA and Tribunal
• Subject to supervision requirement and sex offenders' register requirements