Ground 2: Failure to apply the Guidance and precedents correctly
Ground 2: Failure to apply the Guidance and precedents correctly
The appellant submits that the MPT elevated the importance of public perception of the alleged conduct at the expense of a proper analysis of the prospects of remediation. He submits that the centrality of public perception to the MPT’s sanction decision was “a violation of both guidance and precedents.” By precedents, the appellant is referring to other cases that have come before the courts.
As I have indicated, this Ground relates both to the application of the Guidance and to the effect of case law. It is convenient to consider the appellant’s submissions about the case law before turning to his submissions on the Guidance and then to his more general submissions on public perception.
- Heading
- Introduction
- Legal framework
- Sanctions guidance
- Proportionality
- Mitigating and aggravating factors
- Treatment of criminal convictions
- Suspension
- Erasure
- GMC Policy: Good Medical Practice
- The facts
- Proceedings before the MPT
- Remorse
- Insight
- Risk of repetition
- Impairment
- Sanction
- Appellant’s overarching submissions
- The approach of the Guidance to violent offences
- MPT’s approach to insight and remorse
- Ground 1: Failure to balance aggravating and mitigating factors appropriately
- Ground 2: Failure to apply the Guidance and precedents correctly
- Other cases
- Guidance
- Public perception
- Ground 3: Error in the determination of sanction
- Seriousness of offending
- Insight and remediation
- Conclusions
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