A Canberra doctor who groped and kissed a patient during a consultation has avoided time behind bars.
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Dr Ammar Dhaimat, 40, was found guilty at trial of committing two acts of indecency on the woman on Anzac Day last year.
In sentencing Dhaimat to a six-month suspended jail term, Justice John Burns told the ACT Supreme Court on Wednesday that the suspended Belconnen GP ''should have known better''.
The victim, who was a vegan, received regular vitamin B12 injections at the north-side medical centre between March and April last year.
She said the doctor became increasingly friendly at each subsequent visit in the course of the two months he treated her.
He complimented her skin as ''glowing'', invited her to dinner, and gave her his private mobile number on three separate occasions.
On Anzac Day, when she was given an injection at the nurse's station, he tried to kiss her on the mouth. But she twisted her head and the kiss landed on her cheek instead. Minutes later, when she returned to his consultation room to collect her possessions, Dhaimat squeezed her bottom and kissed her lips. She tried to move away but he grabbed her and kissed her a third time. Dhaimat fought the allegations but a jury last week found him guilty.
At a sentencing hearing on Wednesday, defence counsel Theresa Warwick argued her client was eligible for a section 17, which allowed him to avoid conviction.
Ms Warwick said Dhaimat had already suffered a high degree of punishment as a result of the charges, including suspension from practicing medicine, lost income, and mental and physical health problems. She said the doctor had been confronted on the street by people, who recognised him from media reports, and had been evicted from his home.
But prosecutor Shane Drumgold said the offender did not meet the criteria for a non-conviction order.
Mr Drumgold said Dhaimat had shown no remorse or contrition and had attempted to incriminate his accuser with allegations of illegal drug use to dent her credibility. Justice John Burns found non-conviction would not be an appropriate punishment, and instead sentenced Dhaimat to six months' jail, to be suspended upon him starting a two-year good-behaviour order.
Justice Burns said consultations with doctors were, by necessity, private, which made patients vulnerable.
The judge described the offences as a significant breach of trust.