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Berg v Director of Public Prosecutions [2011] QCA 302
JUDGE(S):
White JA
DELIVERED ON:
26 October 2011
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Editorial Notes
Published Case Name:
Berg v Director of Public Prosecutions
Shortened Case Name:
Berg v Director of Public Prosecutions
MNC:
[2011] QCA 302
Court:
QCA
Judge(s):
White JA
Date:
26 Oct 2011
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
MHC No 90 of 2010 (no citation)
27 Sep 2011
Reference of Mr Berg’s mental condition to Mental Health Court; reference related to numerous charges arising out of Mr Berg practising as a psychiatrist in 1999-2004, including count of indecent treatment in respect of which earlier reference struck out (appeal dismissed [2008] QCA 321, special leave refused [2009] HCASL 222); determined that Mr Berg not of unsound mind at time of alleged offending; further determined that Mr Berg fit for trial: Lyons J.
QCA Interlocutory Judgment
[2011] QCA 302
26 Oct 2011
Application for stay of Mental Health Court orders refused: White JA.
QCA Interlocutory Judgment
[2012] QCA 62
22 Mar 2012
Application for adjournment of hearing of appeal refused; appeal to be determined on the papers: McMurdo P, Chesterman JA, Dalton J.
Appeal Determined (QCA)
[2012] QCA 91
13 Apr 2012
Appeal allowed to limited extent; order that Mr Berg not of unsound mind set aside; Mental Health Court ought not to have made that determination in circumstances where Mr Berg denied committing the offences; appeal otherwise dismissed: Chesterman JA and Dalton J. McMurdo P would have further ordered that the offences were disputed offences under s 268(1) of the Mental Health Act 2000 (Qld).
Appeal Status
Appeal Determined (QCA)
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