Christopher Doyle appeared for the Applicant, instructed by Minter Ellison.
The case concerned the alleged professional misconduct of a registered nurse. The respondent pleaded guilty to several drug charges from February 2022 to June 2023. The Court contemplated conditions which would mitigate the risk posed to the public by the respondent’s return to work after her suspension. This included consideration of whether the Fleischmann principle relates to suspended sentences. The Court drew the distinction that less conditions apply to suspended sentences when compared to parole and digressed from the Fleischmann principle. The Court held that a 14-month suspension satisfies what is expected in terms of general deterrence and upkeeping of public confidence in the system. The conditions to be attached are that the respondent should commence random urine drug sampling and attend treating practitioners.
The judgment can be read by clicking here
