A SYDNEY dentist who "callously" exploited elderly nursing home residents by unnecessarily filing down their teeth to make extra money has avoided jail.
Andrew Istephan will instead serve his two-year sentence by way of an Intensive Correction Order.
The former Liberal deputy mayor of Hurstville was accused of performing unnecessary major dental surgery on 12 nursing home residents, some of whom had dementia.
A jury found him guilty last month of five counts of assault, but failed to agree on the other seven counts.
In sentencing the 34-year-old at Sydney's District Court on Friday, Judge David Frearson said he had engaged in the "deliberate, callous and systematic exploitation of the residents with the view of financial reward".
Motivated by greed, Istephan had been "arrogantly dismissive" of the fundamental human right for bodily integrity, the judge said.
"The frail and elderly have a right to be treated with dignity and respect," he said.
"It's wholly reprehensible to exploit the elderly for financial gain."
Istephan was contracted by an organisation, then named Elderlink, to undertake government-funded dental work at nursing homes.
Judge Frearson found Istephan had carried out unnecessary work, filing down the teeth of elderly patients in order to fit them for crowns they did not need.
He didn't use anaesthetic.
While the judge found that Istephan showed no remorse for his crimes, he said he had a good chance of rehabilitation and was unlikely to reoffend.
He also said the former deputy mayor would benefit from a dose of humility, which the correction order would afford.
The non-custodial order requires Istephan to meet a number of requirements, such as community service and reporting to police.
A family friend of one of the victims described the sentence as "disgusting".
"He has defrauded the government, the taxpayer and everyone else he seeks to represent," Joanne Goude told reporters outside court.
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