R v Mohammad RAHMAN [2011] NSWDC 101

R v Mohammad RAHMAN [2011] NSWDC 101

A mature and experienced medical practitioner who repeatedly and purposefully abused the trust inherent in the doctor-patient relationship by committing multiple acts of indecent and aggravated indecent assault upon 17 female patients over a six month period warrants a substantial custodial sentence. The abuse of trust, number of victims, and predatory criminal conduct aggravate the offences. No prior convictions, early guilty plea, and prospects of rehabilitation temper but do not displace the requirement for a lengthy custodial sentence, with some discount and adjustment for special circumstances.

Jurisdiction
Australia
Judgment Date
28 July 2011
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and custodial sentence imposed.
Legal Topics
['indecent Assault' 'aggravated Indecent Assault' 'sentencing' 'abuse of Trust' 'medical Practitioner Offences' 'victim Impact Statements']
['criminal Law'] ['indecent Assault' 'aggravated Indecent Assault' 'sentencing' 'abuse of Trust' 'medical Practitioner Offences' 'victim Impact Statements']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple counts of indecent assault and aggravated indecent assault by a medical practitioner' 'Consideration of aggravating and mitigating circumstances under sentencing law' 'Weight to be given to victim impact statements' 'Application of sentencing discounts for early guilty plea' 'Assessment of prospects of rehabilitation and likelihood of reoffending']

Ratio Decidendi

A mature and experienced medical practitioner who repeatedly and purposefully abused the trust inherent in the doctor-patient relationship by committing multiple acts of indecent and aggravated indecent assault upon 17 female patients over a six month period warrants a substantial custodial sentence. The abuse of trust, number of victims, and predatory criminal conduct aggravate the offences. No prior convictions, early guilty plea, and prospects of rehabilitation temper but do not displace the requirement for a lengthy custodial sentence, with some discount and adjustment for special circumstances.

Court Disposition

Conviction and custodial sentence imposed.

Orders

  • ['For offences of indecent assault – fixed terms of 2 years and 3 months (where no additional offences) and 2 years and 6 months (where additional charges taken into account).' 'For aggravated indecent assault – sentence for 4 years and 6 months, with non-parole period of 1 year 6 months, balance period of 3 years...