DAVID CHARLES MIZEN
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
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:
- Prosecutorial duty of disclosure
- Personal probity and fitness to practise
- No baseless or threatened misconduct report
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
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