Mark Weinberg (judge)

Mark Samuel Weinberg AO QC (born 13 May 1948[2]) was a judge of the Court of Appeal of the Supreme Court of Victoria from July 2008 to May 2018. He is a former judge of the Federal Court of Australia who served from July 1998 to July 2008.[3][4]

The Honourable Justice

Mark Weinberg

Judge of the Court of Appeal, Supreme Court of Victoria
In office
22 July 2008 (2008-07-22)  9 May 2018 (2018-05-09)
Judge of the Federal Court of Australia
In office
15 July 1998 (1998-07-15)  19 July 2008 (2008-07-19)
Commonwealth Director of Public Prosecutions
In office
1988 (1988)  December 1991 (1991-12)
Preceded byIan Temby
Succeeded byMichael Rozenes
Personal details
Born
Mark Samuel Weinberg

(1948-05-13) May 13, 1948
Trelleborg, Sweden[1]
NationalityAustralian
Alma mater
OccupationAcademic, barrister, jurist

Early life

Weinberg was born in Sweden and lived in the United States until the age of 10, when he and his family moved to Melbourne. He attended Melbourne High School and later graduated with a Bachelor of Arts and Bachelor of Laws (First Class Honours) from Monash University. He was awarded the Supreme Court Prize in 1970, the year he graduated. In 1972 he received the Vinerian Scholarship for top graduate of the Bachelor of Civil Law from the University of Oxford.[5] In 1975 he was called to the Victorian Bar.

Career

From 1984 to 1985, Weinberg was dean of the Faculty of Law at the University of Melbourne, having previously served as acting dean and deputy dean.[2]

In 1986, Weinberg was appointed Queen's Counsel. From 1988 until 1991, he was Commonwealth Director of Public Prosecutions.[6]

After being appointed to the Federal Court in 1998, Weinberg also held appointments as deputy president of the Federal Police Disciplinary Tribunal, non-resident judge of the Supreme Court of Fiji, additional judge of the Supreme Court of the Australian Capital Territory and chief justice of the Supreme Court of Norfolk Island.[7] He resigned from the Federal Court and his other appointments in 2008 in order to take up office as a judge of the Court of Appeal of the Supreme Court of Victoria.

In 2017, Weinberg was appointed an Officer of the Order of Australia for distinguished service to the judiciary and to the law, particularly through reforms to criminal law and procedure, to legal education in Victoria and to the administration of justice in Fiji and Norfolk Island.[8]

Retirement

On 9 May 2018, Weinberg retired from the Court of Appeal of the Supreme Court of Victoria after 10 years of service.[9] He continues to hear cases as a reserve Judge of Appeal. In 2018 he presided over the jury trial of Dimitrious Gargasoulas, the perpetrator of the January 2017 Melbourne car attack which killed six and injured 27. In February 2019 he sentenced Gargasoulas to life in prison and a non-parole period of 46 years.[10] In August 2019, Weinberg was one of three judges who heard Cardinal George Pell's appeal of his child sex abuse convictions. He was the sole dissenter from the court's majority opinion which upheld the convictions, stating he believed there was a "significant possibility" that Pell did not commit the crimes and that he was not convinced by the complainant's evidence.[11]

References

  1. https://www.monash.edu/alumni/news/events/graduation/speaker-profiles/justice-mark-weinberg-ao
  2. "The Hon Justice Mark Samuel Weinberg". Who's Who in Australia. Australian Associated Press. 2017.
  3. "Former Judges of the Federal Court of Australia". Federal Court of Australia. Australian Government. Retrieved 4 April 2012.
  4. "Judges: Current Supreme Court judges". Supreme Court of Victoria. Australia: Government of Victoria. Archived from the original on 1 March 2015. Retrieved 30 July 2016.
  5. "Justice Mark Weinberg AO". Monash University. Retrieved 27 October 2019.
  6. "The Hon Mark Samuel Weinberg". Federal Court of Australia. Australian Government. Retrieved 4 April 2012.
  7. "Law Oration 2016". Victoria Law Foundation. 21 July 2016. Retrieved 30 July 2016.
  8. "Officer (AO) in the General Division of the Order of Australia" (PDF). Australia Day 2017 Honours List. Governor-General of Australia. 26 January 2017. Archived from the original (PDF) on 19 March 2018. Retrieved 27 January 2017.
  9. https://www.supremecourt.vic.gov.au/news/the-court-farewells-justice-weinberg
  10. "Bourke Street killer James Gargasoulas jailed for life over massacre". 22 February 2019. Retrieved 27 October 2019.
  11. Cooper, Adam (21 August 2019). "Why Justice Mark Weinberg believed George Pell should go free". The Age. Retrieved 27 October 2019.
Legal offices
Preceded by
Ian Temby
Commonwealth Director of Public Prosecutions
1988–1991
Succeeded by
Michael Rozenes
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