Director of Public Prosecutions v Saddik

[2017] VCC 1214

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR -16-00924

DIRECTOR OF PUBLIC PROSECUTIONS

v

ASHRAF EDWARD SADDIK

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JUDGE:	HIS HONOUR JUDGE DYER
WHERE HELD:	Melbourne
DATE OF HEARING:	13, 14, 15, 16, 19, 20, 21, 22, 23 & 25 June 2017
DATE OF SENTENCE:	20 July 2017
CASE MAY BE CITED AS:	DPP v Saddik
MEDIUM NEUTRAL CITATION:	[2017] VCC 1214

REASONS FOR SENTENCE
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Subject:
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Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr B. Stougiannos	Director of Public Prosecutions
For the Accused	Ms L. Taylor QC with Mr S. Cash	Ball & Partners Pty Ltd

Pages 1 - 4

 

 

HIS HONOUR: 

1On 26 June 2017, you, Ashraf Edward Saddik, were found guilty after a trial by a jury of two counts of indecent assault, contrary to s.39(1) of the Crimes Act 1958. The maximum penalty provided for each offence as at the date of your offending on 10 November 2014 was a term of imprisonment of up to ten years.

2The two charges upon which you have been found guilty were committed in the course of a medical examination upon one of your female patients.  The first assault was occasioned by squeezing the complainant's breasts with your hands, and the second charge by kissing or suckling her right breast.  I am satisfied that the description of the offending as given by the complainant in her evidence before the jury is substantially the basis upon which I must proceed to impose a sentence upon you.

3Your offending in this case is aggravated by the fact that it occurred in circumstances where you, as a medical practitioner, were treating a young female patient.  This constitutes, in my view, a serious breach of trust between doctor and patient.  The Court of Appeal has emphasised the serious nature of offending of this type in DPP v Joseph.[1]  The Court there emphasised that the principle of general deterrence as a sentencing consideration must be in prime place in cases such as yours.

[1][2001] VSCA 151

4Although you have no prior convictions alleged against you, I have been informed by Mr Stougiannos, who appeared on behalf of the Director of Public Prosecutions, that a similar incident had occurred in 2004 involving you touching the breast of a receptionist who had been employed at your practice at that time.  As a result of that complaint, you were directed to attend counselling and reprimanded for your conduct in accordance with the provisions of the Medical Practice Act 1994.[2]

[2]Re Dr Ashraf Edward Saddik [2007] MPBV 8

5The manner in which your defence was conducted involved a significant attack on the credibility of the complainant.  I have read the victim impact statement made by her in October 2015.  I also observed her during the course of evidence being given at your trial.  I have little doubt that your offending has caused her a very significant emotional consequence that has impacted both financially and generally upon her enjoyment of life.  I am unable to conclude, sadly, that you are genuinely remorseful for your offending in this case.

6Ultimately, the circumstances of your offending in the course of your practice as a medical practitioner, in circumstances where you were treating a young female patient who became your victim, must damage the reputation of your profession and public confidence in the medical profession generally.  In light of your background, both specific and general deterrence and denunciation of your conduct must be given adequate weight in any sentence imposed upon you.

7Nevertheless, I am mindful that the community would, in my view, be better served by your ultimate rehabilitation rather than by simply imposing a punitive sanction upon you.

8You are now 60 years of age and you have practiced medicine in Australia since 1990.  You established your own practice in Coburg in 1996 and have continued to provide medical services to the local community for 20 years in that practice.

9I have taken into account you have suffered significant financial penalty in terms of this offending as it relates to the ongoing conduct of your medical practice following these charges being laid against you.  Also, to your credit, you have been a devoted family man and you are devoutly religious and have provided both medical and pastoral care to members of the Coptic Egyptian community and the broader Australian community over the period of your practice.

10You have been assessed as suitable for a community corrections order.  I therefore propose to sentence you as follows. 

11You will be convicted of both charges of indecent assault. You will be sentenced to a community corrections order for a period of two years commencing on this day, 20 July 2017. In addition to the core conditions of the community corrections order, you will be required to perform 150 hours of unpaid community work in accordance with s.48C of the Sentencing Act, and you will be further ordered to attend programs specifically directed towards reducing reoffending in accordance with s.48D(3)(f) of the Act.

12I will have my associate put the terms of the community corrections order to you and get you to sign them and I will allow Ms Taylor or Ms Cash to approach you.

13Mr Stougiannos, did we get any more information in relation for forensic sample?

14MR STOUGIANNOS:  Yes, it has been obtained and it is in existence but it has to be put on the database.  So we do not make that application anymore.  It is all sorted out.

15HIS HONOUR:  Thank you.

16MS TAYLOR:  Thank you, Your Honour.

17HIS HONOUR:  Ms Taylor, for your benefit, although I have done these sentencing remarks effectively ex tempore, I have certainly taken into account the character references that were tendered as Exhibit 1, I just have not made specific reference to them but I have made general comments in relation to the service that your client had provided and that has been one of the matters that I had been considering. 

18MS TAYLOR:  Thank you, Your Honour.

19HIS HONOUR:  Mr Stougiannos, are there any matters?

20MR STOUGIANNOS:  No, there is not, sir.

21HIS HONOUR:  All right.  Doctor, you have now agreed to that order.  It is a sanction upon you.  Our appellate court has recognised that a community corrections order is a punishment for you.  I hope that you will accept that I am placing the trust of the community in you to take advantage of this order and use the next two years and the work that you do and the experience you gain from that in helping you avoid any further infractions in the future.  So I wish you every success in sticking to the terms of that order and you are otherwise free to go.  Thank you.

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