The Library Bulletin

Council of the Law Society of New South Wales v Kinchington [2017] NSWCA 278 (31 October 2017) (Basten JA; Macfarlan JA; Ward JA) Legal practitioners – application to remove solicitor from roll of Australian lawyers – solicitor forged client’s signature on costs agreement –convicted of publishing false statement to obtain financial advantage – whether solicitor guilty of professional misconduct – whether solicitor not person of good fame and character – whether solicitor’s name should be removed from roll

Cecil v Director of Public Prosecutions (Nauru)Kepae v Director of Public Prosecutions (Nauru)Jeremiah v Director of Public Prosecutions (Nauru) [2017] HCA 46 (20 October 2017) (Kiefel CJ, Gageler and Keane JJ) Criminal law – Appeal – Supreme Court of Nauru – Appeals Act 1972 (Nr) – Where Act entitles Director of Public Prosecutions to bring appeal against sentence – Where Act gives Supreme Court discretion on appeal to substitute own sentence for sentence of District Court – Where Supreme Court substituted own sentences for sentences of District Court without identifying error by District Court – Where sentences substituted by Supreme Court significantly higher than sentences passed by District Court – Where Supreme Court wrongly concluded it was not required to find error affecting District Court's exercise of sentencing discretion – Where possible to infer Supreme Court considered it would give significantly higher sentences if sentencing afresh – Whether discretion to substitute sentence enlivened – Whether possible to infer Supreme Court considered District Court's sentences manifestly inadequate.