DAMIEN GERARD BRENNAN

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

Damien Gerard Brennan, a WA solicitor, was convicted of 60 counts of stealing from his client Josef Kopec, 10 counts of stealing from the Public Trustee, and one count of attempting to gain a benefit by fraud, and sentenced to 7.5 years imprisonment. The SAT found him guilty of professional misconduct by illegal conduct and recommended removal from the Roll. The Full Bench of the Supreme Court found the convictions demonstrated planned dishonesty for personal gain and lack of honesty and integrity, rendering him not a fit and proper person. He was struck off the Roll of Practitioners, with no order as to costs given no realistic prospect of payment.

Duties found breached:

• Proper basis for allegations
• No improper use of client money
• No baseless or threatened misconduct report

Aggravating factors:

• Conduct continued for nearly seven years
• Betrayal of trust of vulnerable client for personal financial gain
• High degree of premeditation; offences purposeful not impulsive
• Serial offender
• Refusal to cooperate with the Committee's inquiries
• Sentenced to 7.5 years imprisonment; described as worst possible offences for a solicitor

Mitigating factors:

• Pleaded guilty to 71 of 103 counts in criminal proceedings
• Did not oppose the strike-off application