NSW Caselaw
New South Wales Medical Tribunal
CITATION : Re Dr Leonard Ware [2006] NSWMT 11 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission (Complainant) Dr Leonard Ware (Respondent) FILE NUMBER(S) : 40019 of 2006 CORAM: Rein, SC DCJ - Child, Dr D - Traill, Dr R - Gray, Ms A CATCHWORDS: Possession of prohibited firearms and unlicensed firearms - Breaches of AVO - Issue as to whether medical practitioner not of good character as a consequence of these convictions and other matters LEGISLATION CITED: Firearms Act 1996, ss 36, 51D Medical Practice Act 1992, ss 39, 60, 61, 64, 66 Bannister v Walton (unreported, NSWCA, 30/04/92, BC9201911); Re Davis (1947) 75 CLR 409; CASES CITED: McBride v Walton (unreported, NSWCA, 15/7/94, BC9402907); A Solicitor v Council of the Law Society of NSW (2004) 216 CLR 253; [2004] HCA 1; Ex parte Tziniolis; Re Medical Practitioners Act [1967] 1 NSWR 357 DATES OF HEARING: 13, 14 December 2006 DATE OF JUDGMENT: 20 December 2006 LEGAL REPRESENTATIVES: Mr P Saidi of counsel Mr S G Barnes of counsel ORDERS: See judgment.
JUDGMENT: ORDERS
1. The Tribunal finds the complaint established that Dr Ware has been convicted of the offences of: (a) "possess more than 3 unregistered firearms any one of which is prohibited" (s 51D(2) Firearms Act 1996 );
(b) two counts of "possess unregistered firearm" (s 36(1) Firearms Act 1996 );
(c) breach of an apprehended violence order on four occasions.
2. The Tribunal reprimands Dr Ware.
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