LEICESTER v WALTON [1996] NSWCA 322

LEICESTER v WALTON

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY P, COLE and BEAZLEY JJA 27 May 1996, 27 May 1996

[1996] NSWCA 322

MEDICINE — Medical Practitioners — Discipline Medical Practice Act, 1992, s90(1)

The appellant was a doctor who had been the subject of 4 complaints made to the Medical Tribunal of New South Wales in respect of his prescribing of dangerous drugs and drugs of addiction. The appellant admitted the conduct complained of at the inquiry. The Tribunal concluded that there had been a gross departure from the standards of skill, care and judgment required of all medical practitioners, and ordered, among other orders, that the appellant be suspended from practice for a period of six months.

The appellant appealed to this Court under s90(1) Medical Practice Act 1992 against the severity of the punishment imposed.

HELD: dismissing the appeal:

(1) Having regard to the breaches of professional conduct demonstrated by the material before the Tribunal, the conditions imposed by the Tribunal were appropriate in the circumstances.

(2) The orders of the Tribunal be upheld except for O.1 which is to be varied so as to read "from 27 May 1996", rather than "from 17 June 1995".

The Court orders that:

ORDERS

The Court orders that:

1. O.1 of the Orders made by the Tribunal be varied so as to delete the words "from 17 June 1995" and replaced by "from 27 may 1996".

2. The other orders that were made by the Tribunal will remain effective

Beazley JA

This is an appeal brought by the appellant under s90(1) of the Medical Practice Act 1992. The appellant was the subject of four complaints which were made to the Medical Tribunal of New South Wales in respect of his treatment of four patients. The Tribunal delivered its determination and published its reasons for determination on 17 May 1995.