IBRAHIM v WALTON [1991] NSWCA 152

IBRAHIM v WALTON SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SAMUELS, PRIESTLEY JJA and Hope AJA 23 April 1991, 23 April 1991

[1991] NSWCA 152

MEDICAL PRACTITIONERS — MISCONDUCT — CONCURRENT CRIMINAL PROCEEDINGS ADJOURNMENT

Medical Practitioners — complaints of misconduct concurrent criminal proceedings relating to subject matter of complaints — application for adjournment of hearing of complaints refused by Medical Tribunal — appeal and summons to quash decision — Medical Practitioners Act s32W Held no error of law in decision and no ground to quash — appeal and summons dismissed. Edelsten v Richmond and Ors (1987) 11 NSWLR 51 referred to.

Hope AJA The Court has before it two matters arising out of the refusal by theMedical Tribunal to adjourn the hearing of a complaint which had been made to it. The formal Notice of Complaint before it referred to two sets of matters, the first of which was: "1. On 23 February 1989 at Blacktown in the State of New South Wales, in the course of your treatment of female patient 'A' you inappropriately administered an intravenous injection of a sedative drug, namely 10 mg Valium. 2. That whilst female patient 'A' was under the effects of the said sedative you undressed female patient 'A' without clinical justification. 3. That whilst female patient 'A' was under the effects of the said sedative drug you inappropriately touched her."

The other set of particulars was in similar terms but referred to an occasion on 25 September 1990 at Rooty Hill and to another patient.

The basis of the application for the adjournment was that criminal proceedings had been taken against the respondent under s38 and s61E(1) of the Crimes Act. S38 makes it an offence unlawfully to administer to a person any stupefying or overpowering drug or thing with intent in any such case to enable himself to commit an indictable offence. The seriousness of this offence is to be found in the maximum penalty which may be imposed, which is penal servitude for twenty-five years. S61E(1) provides for the offence of indecent assault or act of indecency. In that case, the maximum penalty is imprisonment for four years.