A woman pretended to be a psychologist when she gave evidence about an attempted rapist's mental health in a "brazen and almost audacious" crime.
Tania Ann Dhillon was sentenced in the ACT Magistrates Court on Wednesday, July 1, when she was convicted and handed a $2000 fine.
Dhillon previously pleaded guilty to claiming to be a registered health practitioner.
A social worker and counsellor, Dhillon described herself as a psychologist in a report she prepared for the sentencing of Stephen Sarmiento in the ACT Supreme Court in April 2023.
She added post-nominal letters to her name which indicated she held the relevant university degree.
Dhillon then gave what was purported to be expert evidence to the court and while under oath confirmed she was a psychologist.
She gave an assessment for a range of mental health conditions for Sarmiento during sentencing.
Dhillon did not have the required qualifications or registration to be a psychologist in any form.
In 2023 sentencing remarks, Acting Justice Peter Berman reduced the weight he placed on aspects of Dhillon's opinion due to the attempted rapist repeatedly misrepresenting his crime to her.
The prosecutor at the time urged the court to be sceptical of Dhillon's opinion that Sarmiento had accepted full responsibility for his actions, noting the man had also complained to her about potentially being "set up".
Ultimately, Sarmiento received a two-year intensive correction order rather than jail time.
The remarks state that Dhillon had been treating Sarmiento since 2022 after his mother arranged her services.
Believing Dhillon was a registered psychologist, Justice Berman said that while he was "critical of the usefulness of the opinions advanced by the psychologist, that is not meant to be a criticism of her in any way".
"She was entitled to prepare her reports on the basis of what the offender told her. I do accept what she said about the risks to the offender should the beneficial therapeutic relationship she has with the offender be terminated.
"It was not suggested to her in cross-examination that the accused was exaggerating his suicidal ideation and, as I understand Ms Dhillon's expertise, she is well qualified to assess the likelihood of harm to the offender should he be denied her assistance."
During court proceedings on Wednesday, Dhillon dabbed her eyes with tissues and repeatedly blew her nose. A pile of used tissues on the bar table grew as the hearing progressed.
Magistrate Glenn Theakston said her actions were "brazen and almost audacious" and she could have been charged with the much more serious crime of perjury or perverting the course of justice.
However, the magistrate legally could not take actions relating to perjury into account when sentencing the woman.
A prosecutor with the Australian Health Practitioner Regulation Agency said Dhillon's actions undermined the public's trust in healthcare professionals.
The prosecutor argued the woman had multiple opportunities to clarify and "made no effort to do so".
The lawyer said the situation only became apparent when it was discovered by ACT Policing and passed onto the regulation agency.
Defence lawyer Paul Edmonds said his client was aware "how fortunate she is" not to be facing a more serious charge.
He argued the sentencing judge did not accept all of Dhillon's conclusions, and there was no evidence to suggest that "any of services she provided were substandard".
Mr Edmonds said a criminal conviction would likely prevent Dhillon from future employment as a counsellor or in employee assistance program services.
"The entire court process has not only been expensive for the defendant but a very salutary experience," he told the court.
"She has found the entire process extremely stressful."
The defence lawyer argued he had been instructed that "under no circumstances whatsoever would she ever contemplate" committing the crime again.
Dhillon was ordered to pay the fine within six months.
