As we reported here, 36-year-old Prakash Paudyal was jailed in January after pleading guilty to assaulting an 82-year-old man with a shoe in 2018 while he worked at the Bupa Seaforth facility in Sydney’s northern beaches.
Judge Helen Symes allowed his sentence appeal last week and instead imposed an eight-month intensive correction order which includes community service.
Judge Symes ruled that Mr Paudyal had been forced into a situation where he was doing “a two-person job at least,” questioning why only one staff member was assigned to care for the victim.
Mr Paudyal had been single-handedly caring for 16 patients, and his barrister told the District Court his client was "never given any training in how to handle dementia patients, in particular those who have aspects of violence or irrational reactions."
Judge Symes said while Mr Paudyal’s actions “cannot be excused,” the circumstances were still “equally tragic” for both men.
