Published 19 February 2024
Sentencing — performing dental work while unqualified — Health Practitioners Competence Assurance Act 2003, ss 7(2) & 9(4) — Sentencing Act 2002, ss 106 & 107 — Health Practitioners Competence Assurance (Restricted Activities) Order 2005. The defendant appeared for sentence on seven charges of performing dental work while unqualified to do so. She had fitted members of the public with dentures, despite not being a qualified clinical dental technician. The Court observed that the defendant's actions had created various health and safety risks to her clients. Some of the dentures were of poor quality and of no use, and one of the clients almost choked when part of her dentures became stuck in her throat. The offending had occurred over a period of almost three years, and the defendant had received $183,000 for the work that she did. Therefore the Court concluded that she had been motivated at least partly by wanting to make a profit. Further, she had not offered to reimburse those clients whose dentures proved to be unusable. The defendant applied for a discharge without conviction, but although the defendant had been partly motivated by tikanga and some of her clients were happy with her work, the Court decided that the offending was too serious to grant this application. The defendant was fined $7000 and ordered to pay costs of $910. The Court also ordered reparations totaling $3050 to three of her clients. Judgment Date: 11 December 2023
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