Hamilton v Pharmacy Board of Australia [No 2]

In the Supreme Court of Western Australia, Felecia Hamilton appealed against the penalty imposed on her by the State Administrative Tribunal (the Tribunal) for engaging in professional misconduct by dispensing anabolic androgenic steroids for non-therapeutic purposes to patients. The Pharmacy Board of Australia (the Board) cross-appealed and applied for leave to adduce additional evidence. The Board also applied for leave to appeal. Hamilton applied for leave to adduce additional evidence. The appeal concerned whether the penalty imposed by the Tribunal was manifestly inadequate and whether the Tribunal had erred in making certain findings. The cross-appeal concerned whether the Tribunal had erred in its determination of the penalty. The court granted leave to appeal on the ground that the Tribunal erred in finding that Hamilton deliberately gave false evidence. The court refused leave to cross-appeal and to adduce additional evidence. The court allowed the appeal and substituted an order suspending Hamilton's registration for a period of 12 months. The court found that the Tribunal had erred in concluding that Hamilton had deliberately lied in her evidence. The court found that Hamilton's evidence was incorrect, but not deliberately false. The court found that the Tribunal had not properly exercised its discretion in determining the penalty. The court found that the Tribunal had taken into account a finding that Hamilton had deliberately lied in her evidence in assessing the need for specific deterrence. The court found that the finding that Hamilton had deliberately lied in her evidence was not supported by the evidence. The court found that the Tribunal had given insufficient weight to the fact that Hamilton had not engaged in any similar misconduct since the date of the misconduct. The court found that a shorter period of suspension was appropriate.