Risk of repetition
Risk of repetition
In considering the risk of repetition of criminal conduct, the Tribunal took into consideration that the pre-sentence report (“PSR”) in the criminal proceedings had assessed the likelihood of reoffending within the next two years as low. The PSR assessed the risk of serious harm to known adults as medium but that it might be high if the appellant were to enter into a new relationship. The risk to children was medium as the appellant’s children were present at the time of his offending behaviour.
The Tribunal took into consideration that the appellant had received a suspended rather than immediate sentence of imprisonment because the judge had found that there was a realistic prospect of rehabilitation, despite the appellant’s plea of not guilty. Noting that the appellant had (for reasons that were not his fault) completed only three of his 20 days’ rehabilitation activity requirement, such that work on reducing the risk of reoffending had not progressed, the Tribunal concluded that there remained a risk of repetition, particularly in light of the appellant’s “caveated and limited remorse towards his ex-wife and only limited insight.”
- 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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