The council appealed against what it said was a lenient sentence imposed on a doctor for malpractice.
Held: It was relevant to take account of the way criminal courts dealt with appeals against lenient sentences. The test in relation to an appeal would be different depending on whether the appeal is mounted against an excessive sentence or one that is said to be unduly lenient. In technical cases it will be more difficult because of their expertise to say that the PCC have exceeded the bounds within which the range of an appropriate decision lies. The approach of the GMC and of the PCC was open to legitimate criticism; rather more information should have been available to it; no doctor in these circumstances need give evidence; expressions of remorse or regret not backed up by a willingness to answer questions about the true extent both of the misconduct and the remorse, however, are unlikely to be very convincing. Nevertheless, the appeal was dismissed.
Judges:
Leveson J
Citations:
[2004] EWHC 944 (Admin), Times 10-May-2004, [2004] Lloyds Rep Med 377, [2004] ACD 55, [2004] 1 WLR 2432
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Attorney-General’s Reference (No 4 of 1989) CACD 1990
The court considered the approach to be taken by an appellate court asked to review a sentence said to be unduly lenient: ‘The first thing to be observed is that it is implicit in the section that this Court may only increase sentences which it . .
Cited – The Council for the Regulation of Healthcare Professionals v The Nursing and Midwifery Council and Truscott QBD 31-Mar-2004
A nurse was found guilty of misconduct. The Council sought to appeal the penalty, saying it was too lenient.
Held: The nurse had accessed explicit and offensive web-sites, and been cautioned. The council had the power to make such an . .
Cited – Council for the Regulation of Health Care Professionals v The General Medical Council, Dr Ruscillo Admn 29-Mar-2004
The doctor had been acquitted by the respondent of serious professional misconduct. The applicant sought to appeal to the General Medical Council.
Held: The Act gave the applicant statutory powers of regulation of the bodies regulating the . .
Cited – Bolton v The Law Society CA 8-Dec-1993
The solicitor who had been admitted to the Roll for two years had disbursed clients money to relatives, as part of the conveyance of property without adequate security but in the expectation that the money would be repaid. The Tribunal found that . .
Cited – Gupta v The General Medical Council PC 18-Dec-2001
(The Health Committee of the GMC) A doctor had been found guilty of serious professional misconduct by the Professional Conduct Committee of the General Medical Council. She appealed on the basis that they had not given reasons for the factual basis . .
Cited – Attorney General’s Reference (No 132 of 2001) CACD 2003
The court discussed the intended meaning of ‘unduly lenient’: ‘[T]here is a line to be drawn . . between the leniency of a sentence in any given case and a sentence which is ‘unduly’ lenient . . The purpose of the system of Attorney-General’s . .
Cited – Regina v Newsome and Browne CACD 1970
The test of whether a sentence claimed to be too severe on appeal is whether it is ‘wrong in principle or manifestly excessive’. . .
Cited – Abrahaem, Regina (on the Application Of) v General Medical Council Admn 26-Jan-2004
The court considered the duties of the High Court when assessing a decision of a professional tribunal: ‘The position is now more accurately stated as requiring appropriate respect to be given to the opinion of the professional tribunal. It is . .
Cited – AbuRomia v General Medical Council Admn 7-Nov-2003
When hearing an appeal against a penalty imposed by the conduct committee the court could ‘only intervene if the penalty . . is disproportionate to the misconduct’ and ‘If the Committee has taken all relevant factors into account and reached a . .
Cited – Neil v Ryan CA 23-Jul-1998
The court considered the power to increase a sentence of committal for contempt of court: ‘Before considering any increase in sentence or changing the impact of any sentence adversely to the defendant we have to remind ourselves that this is a power . .
Cited – Lomas v Parle CA 18-Dec-2003
The respondent had been sentenced to two months imprisonment for breaches of orders under the Act. The wife appealed, seeking to increase the sentence. The maximum sentence was two years.
Held: The court had to consider such cases in the light . .
Cited – Dr Christopher Dare v The General Medical Council PC 16-Oct-2002
(The Professional Conduct Committee of the GMC) The patient started psychotherapy with a therapist because she was having problems establishing personal relationships. After that therapist died, she received treatment from Dr Dare, some three times . .
Cited by:
Cited – Dr Giuseppe Ruscill, Council for the Regulation of Health Care Professionals v The General Medical Council and Another, The Council for the Regulation of Health Care Profesionals, The Nursing and Midwifery Council, Truscott CA 20-Oct-2004
The Council sought to refer to the High Court decisions to acquit the doctors of professional misconduct. The doctors argued that the power only existed for lenient sentences.
Held: The power to refer for undue leniency included the situation . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 29 August 2022; Ref: scu.196100
