Charge Detail Summary

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File Number: Med17/380P
Practitioner: Peter Spencer Russell
Hearing Start Date:

Hearing End Date:

Hearing Town/City:
Hearing Location:
Charge Characteristics:

Sexual misconduct - indecent act (Established)


Legislation – breach of Crimes Act 1961
(Established)


Additional Orders:

Name Suppression to Practitioner

Practitioner granted interim name suppression.

Permanent name suppression for the doctor declined.

884Med17380P.pdf889Med17380P.pdf


Appeal Order:

Name Suppression to Practitioner
Outcome
The doctor appealed the Tribunal's decision not to grant permanent name suppression to the High Court. The High Court dismissed the appeal - Russell v PCC [2017] NZHC 2674 Gordon J. The doctor appealed the District Court’s decision not to grant him name suppression in the criminal jurisdiction to the High Court - R v New Zealand Police [2019] NZHC 2901 Palmer J. The appeal in the High Court was dismissed. The doctor sought leave to appeal against the High Court decision in the Criminal jurisdiction to the Court of Appeal. The Court of Appeal declined the application for leave to bring a second appeal - Russell v New Zealand Police [2020] NZCA 103.


Decision:

Full Decision 889Med17380P.pdf


Appeal Decision:

Penalty Decision
Outcome

The doctor appealed the penalty decision of the Tribunal to the High Court.  The PCC cross-appealed the penalty decision of the Tribunal to the High Court. The High Court amended the Tribunal's penalty decision.  The doctor's period of suspension was reduced from two years to a period of one year nine months and a condition was altered. The PCC's cross appeal was dismissed Russell v PCC [2017] NZHC 2674 Gordon J.

The doctor appealed the High Court decision to the Court of Appeal which was dismissed. R(CA679/2017) v Professional Conduct Committee of the Medical Council of New Zealand [2019] NZCA 403.  



Precis of Decision:

Charge

On 18 April 2017 the Health Practitioners Disciplinary Tribunal considered two charges laid by the Professional Conduct Committee against Dr Peter Spencer Russell, registered medical practitioner (the Doctor).

Charge 1 alleged that the Doctor was guilty of professional misconduct as he had been charged with doing an indecent act for which he was granted diversion by the NZ Police.

Charge 2 alleged that the Doctor was convicted of two charges of doing an indecent act and this conduct reflected adversely on the Doctor's fitness to practise.

The hearing proceeded on an agreed summary of facts.

Finding

The Tribunal was satisfied that Charge 1 was made out as professional misconduct and Charge 2 was made out as conduct that reflected adversely on the Doctor's fitness to practise.  Both charges were sufficiently serious to warrant disciplinary sanction.

Penalty

The Tribunal censured the Doctor; suspended the Doctor's registration for a period of two years from 01 January 2016; imposed conditions on resumption of the Doctor's practice and ordered that he pay a contribution of $11,550 towards the costs of the Tribunal and the PCC.

The Doctor appealed the penalty decision of the Tribunal to the High Court.  The PCC cross-appealed the penalty decision of the Tribunal to the High Court.  The High Court amended the Tribunal's penalty decision.  The Doctor's period of suspension was reduced from two years to a period of one year nine months and a condition was altered.  The PCC's cross appeal was dismissed  Russell v PCC [2017] NZHC 2674 Gordon J.

The Doctor appealed the High Court decision to the Court of Appeal which was dismissed.  R(CA679/2017) v Professional Conduct Committee of the Medical Council of New Zealand [2019] NZCA 403.

The Doctor also appealed the Tribunal's decision not to grant permanent name suppression to the High Court. The High Court dismissed the appeal Russell v PCC [2017] NZHC 2674 Gordon J.

The Doctor appealed the District Court's decision not to grant name suppression in the criminal jurisdiction to the High Court R v New Zealand Police [2019] NZHC 2901 Palmer J.  The appeal in the High Court was dismissed.

The Doctor sought leave to appeal against the High Court decision in the criminal jurisdiction to the Court of Appeal.  The Court of Appeal declined the application for leave to bring a second appeal Russell v New Zealand Police [2020] NZCA 103.