Dix v Lin [2007] NSWSC 846

New South Wales Supreme Court

CITATION : Dix v Lin [2007] NSWSC 846

HEARING DATE(S) : 31/07/07, 01/08/07, 03/08/07

JUDGMENT DATE : 3 August 2007

JUDGMENT OF : Mathews AJ

DECISION : 1.In relation to charges (a) and (b) in the amended summons I sentence the defendant to imprisonment for six months, to date from 3 August 2007 and to expire on 2 February 2008. 2.In relation to charges (c) to (g) in the amended summons I sentence the defendant to imprisonment for three months, to date from 3 February 2008 and to expire on 2 May 2008. 3. In relation to charges (h) to (ee) in the amended summons I sentence the defendant to imprisonment for four months to date from 3 May 2008 to expire on 2 September 2008. 4.I order that the combined sentences, of one year and one month, be suspended for the whole of that period and that the defendant be released from custody upon his entering into a bond to be of good behaviour for a period of one year and one month. 5.I specify a non-parole period of four months. 6. I dismiss summonses 14596 of 2006 and 13052 of 2007.

CATCHWORDS : S 105 Medical Practice Act — 31 charges for breach of section — plea of guilty — defendant a Chinese herbalist not a registered medical practitioner — had passed himself of as "doctor" on numerous occasions — handed out abortion drug RU486 — general deterrence a significant factor — suspended sentence imposed

LEGISLATION CITED : Medical Practice Act 1992 s 105

PARTIES : Andrew Edward Dix - Registrar of the New South Wales Medical Board v Yao Guo Lin (aka David Lin)

FILE NUMBER(S) : SC 14596/06; 12885/06; 13052/07

COUNSEL : G Craddock - Plaintiff In person - Defendant

SOLICITORS : I V Knight (Crown Solicitor) - Plaintiff In person - Defendant