A Sydney dentist convicted of assault for filing down the teeth of elderly patients without their consent will find out next month if he's avoided jail.
Andrew Istephan, 34, who is former deputy mayor of Hurstville, is accused of performing unnecessary major dental surgery on 12 nursing home residents, some of whom had dementia.
Earlier in October, a jury found him guilty of five counts of assault, which carry a maximum of five years in jail for each offence, but failed to agree on the other seven counts.
Judge David Frearson on Friday referred the matter to the parole board to consider whether a non-custodial sentence was appropriate.
Istephan could still face a jail term.
Crown prosecutor Gary Corr told the District Court on Friday Istephan had abused his position of authority as a dentist and damaged the healthcare system.
He argued that time in jail was the most appropriate punishment for the offences.
But Judge Frearson said it was unlikely for Istephan to reoffend as he had effectively left the medical profession.
Mr Corr said Istephan did the "inappropriate and unnecessary" procedures to make money.
He added that Istephan had performed "hundreds" of crowns and not a single filling - all without anaesthetic.
The matter returns to court on November 29.Istephan was suspended from the Liberal Party on October 2 and the state executive will consider expelling him in November.