R v Wong [2016] NZDC 16202

Published 11 October 2018

Sale of prescription medicine — sale of excess quantities of restricted medicines — pharmacist only medication — dispensing prescription medication without a prescription — pharmacist — prescription medicine — restricted medicine — zopiclone — codeine — criminal nuisance — making a false document — Pharmacy Council of New Zealand Code of Ethics — Medicines Act 1981 — Crimes Act 1961, ss 145 & 256(1). The defendant appeared for sentence on five charges which involved the sale of restricted medicines. The defendant was a pharmacist and dispensed various medicines in breach of his legal and professional obligations and in a manner that put the life or health of his customers at risk. The defendant's activities included dispensing prescription medicines without a prescription and supplying excessive quantities of restricted medicine and other medicines to certain persons on a "no questions asked" basis. Aggravating features include the abuse of the defendant's position of trust and authority, his profiting from the offending, and flouting of the fundamental requirements of regulations. The defendant received a discount for previous good character, guilty plea, remorse and reparation. The defendant was sentenced to 10 months' home detention and ordered to make an emotional harm reparation payment of $30,000. Judgment Date: 19 August 2016 * * * Note: Names have been changed to comply with legal requirements * * *