Other cases
Other cases
The appellant refers to a number of cases which (he submits) demonstrate on their facts and in their outcomes that the MPT in the present case took an erroneous approach towards whether suspension, rather than erasure, was appropriate: Khan v General Pharmaceutical Council (Scotland) [2016] UKSC 64, [2017] 1 W.L.R. 169, paras 12-18 and 36-41; Giele v GMC [2005] EWHC 2143 (Admin), [2006] 1 W.L.R. 942, paras 15-18 and 21-23; Bijl v GMC [2001] UKPC 42, (2002) 65 B.M.L.R. 10, paras 13-15.
It is not fruitful to compare the facts of one case with another. The central question is not what happened in other cases on other facts but whether the MPT has reached a wrong decision on the facts of this case. As the appellant accepts, this central question is essentially to be resolved by applying the Guidance to the facts of this case.
- 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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