Davey v General Dental Council [2015] EWHC 3594 (Admin) (09 December 2015)

Davey v General Dental Council [2015] EWHC 3594 (Admin) (09 December 2015)

The PCC correctly applied the stepwise approach to sanctions, considered all relevant mitigating and aggravating factors, and imposed a proportionate sanction of 12 months suspension for proven dishonesty. The reference to 'exceptional circumstances' was unhelpful but not fatal. The appeal court should not interfere...

Source-derived case information.

Citation
[2015] EWHC 3594 (Admin)
Parties
Claimant: Jonathan Davey; Defendant: General Dental Council
Jurisdiction
England and Wales
Judgment Date
09 December 2015
Procedural Posture
Statutory Appeal Under Dentists Act 1984 / Appeal Against Sanction Decision of Professional Conduct Committee
Outcome
Appeal dismissed
Legal Topics
Sanctions for Professional Misconduct, Dishonesty in Professional Practice, Scope of Practice Violations, Appellate Review of Disciplinary Sanctions
Professional Discipline Administrative Law Sanctions for Professional Misconduct Dishonesty in Professional Practice Scope of Practice Violations Appellate Review of Disciplinary Sanctions

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Parties

Jonathan Davey

Claimant

General Dental Council

Defendant

Procedural Posture

Statutory Appeal Under Dentists Act 1984 / Appeal Against Sanction Decision of Professional Conduct Committee

Legal Issues

  1. 1 Whether the Professional Conduct Committee applied the correct approach to sanction selection
  2. 2 Whether the sanction of 12 months suspension was disproportionate

Ratio Decidendi

The PCC correctly applied the stepwise approach to sanctions, considered all relevant mitigating and aggravating factors, and imposed a proportionate sanction of 12 months suspension for proven dishonesty. The reference to 'exceptional circumstances' was unhelpful but not fatal. The appeal court should not interfere with a reasoned and logically consistent sanction decision.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Professional Conduct Committee to suspend the appellant from the dental care professionals register for twelve months is upheld.