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The Canberra Times
The Canberra Times
National
Toby Vue

Ban imposed on nurse serving almost 10 years' jail for 'violent, cruel' acts

A nurse has been banned from applying to be a registered practitioner again until 2029 after he was sentenced to nearly 10 years' jail for inflicting "cruel and demeaning" violence on his ex-wife during a nine-year period.

The offender's conduct, between 2011 and 2020 when he was a registered nurse, included using a knife to slice the victim's forehead while making her watch an explicit video, injecting her with a substance she believed to be methamphetamine, and choking her unconscious.

Other despicable acts included him slamming her head into a wall, kicking her while forcing her to sleep in a garage "like the dog", and forcing her to shave her head to "make her so ugly no one would want her".

The offender in late 2020 was sentenced in the ACT Magistrates Court to more than 10 years' jail for 31 offences after he pleaded guilty.

An ACT Civil and Administrative Tribunal judgment on Tuesday states that he then appealed the severity of the sentence.

In April this year, the ACT Supreme Court dismissed one charge and re-sentenced him to nine years and four months behind bars with eligibility for parole in December 2024.

The Nursing and Midwifery Board of Australia then launched disciplinary action in the tribunal against the offender pursuant to the Health Practitioner Regulation National Law.

The board argued his conduct resulting in the convictions and the convictions themselves constituted professional misconduct within the relevant section of the legislation.

"The conduct is inconsistent with him being a fit and proper person to hold registration in the nursing profession," the board said.

It said the offending was "violent, cruel and demeaning to the victim" and it "took various forms and took place in several different contexts, including situations involving children".

The offender disagreed with the board's aforementioned argument about the inconsistency and his offending involving children.

The nurse did not participate in the substantive hearing in July because of what he described as being "double crossed" related to the victim impact statements being adduced in the civil proceedings.

He said it was "clearly inferred" that provided he did not contest the police statement of facts from the criminal proceedings, the impact statements, by his ex-wife and one of their children, "would not necessarily be adduced" in the tribunal hearing.

The offender's complaint about the statements were made in the broader context of his lengthy submissions containing general assertions that the criminal charges, to which he pleaded guilty and was convicted, were "holistically" based on lies.

However, he later told the tribunal that for the purposes of the proceedings "I admit to engaging in those offences ... as per the police statement of facts relied upon".

In the judgment on Tuesday, the tribunal ruled in favour of the board.

Elspeth Ferguson, a tribunal senior member, said they also found the convictions constituted "unprofessional conduct" based on the relevant legislation.

"The offending conduct was towards the higher end of the range due to the nature, volume, and persistence of offences," Ms Ferguson said.

"We agree with the sentencing courts that there is a significant risk of reoffending.

"The respondent continued to flout the conditions the family violence order even after being arrested and remanded in custody.

"We are doubtful that he would comply with conditions placed on his registration."

Ms Ferguson said a significant period of disqualification was needed to protect the profession's reputation and to deter other practitioners from engaging in similar conduct.

The tribunal also found no procedural unfairness to the offender regarding the impact statements being adduced.

The former nurse was initially suspended after the board was notified in November 2019 about him being charged with domestic violence offences and him being remanded in custody.

Support is available for those who may be distressed by phoning 1800-RESPECT 1800 737 732; and, Domestic Violence Crisis Service 6280 0900.

The ACT Supreme Court in April sentenced the suspended nurse to nearly 10 years' jail for 30 offences. Picture by Sitthixay Ditthavong
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