In Fletcher v Heaft [2020] SASC 75 the SA Supreme Court has found that a penalty of good behaviour bond for three years against a woman who pleaded guilty to 66 offences under section 116(1)(c) of Schedule 2 to the Health Practitioner Regulation National Law (South Australia) Act 2010 (SA) in claiming to be a registered nurse after deregistration was manifestly inadequate.
The Australian Health Practitioner Regulation Agency (AHPRA) appealed the sentence imposed on Heaft by a Magistrate, complaining on appeal that the Magistrate: (1) imposed a penalty which was manifestly inadequate; (2) misapplied section 120 of the Sentencing Act 2017 (SA); (3) erred in determining that community service was inappropriate; and (4) took into account an erroneous factual consideration. AHPRA successfully sought orders that the Magistrate’s sentence be set aside and the respondent be resentenced.
A fresh bond was substituted, with a condition of performing 80 hours of community service within one year and six months.
Heaft's true status was brought to the attention of authorities when her employer went to update the registration details and found that she was suspended.
