Section 259 of the Mental Health Act 2000 (Qld), which suspends criminal proceedings upon a reference to the Mental Health Court, does not operate to suspend proceedings during an appeal from the Mental Health Court to the Court of Appeal. The standard stay principles apply, requiring the applicant to demonstrate promising prospects on appeal and that the appeal would be rendered abortive without a stay.
The full text is available to signed-in members, including the 1 later case that cites this judgment.