ABSTRACT

Part (a) Molar visited his dentist, Spitoon, for a dental examination. Spitoon discovered that one of Molar’s teeth needed filling. Molar, who did not realise that Spitoon had been suspended from practice by the General Dental Council (GDC), agreed to the surgery and it was performed there and then. Later that afternoon, Kite, a newcomer to the area, visited the surgery needing an emergency extraction. John, the receptionist, had always wanted to be a dentist. He had watched Spitoon at work, had read the best dentistry books and was confident of his ability. So he pretended to be Spitoon and performed the treatment. (Spitoon was drunk and asleep in one of the treatment rooms.)

In both cases, the treatment was perfect. Discuss the criminal liability of Spitoon and John.