Category: Chris Nyst
  • Chris Nyst, Criminal Law

Hard Cases

Lawyers have this thing they sometimes like to say. “Hard cases make bad law.” It’s true. About thirty years ago I got the job to represent a nice, sweet, softly-spoken lady who stabbed her husband 87 times with a serrated kitchen knife. Not surprisingly he ended up dead as a doornail.
  • Chris Nyst, Criminal Law, International, Opinion

Mea Culpa

They say confession is good for the soul. That may be so, but sometimes it seems there's a whole lot of things it's not nearly so good for. Just ask Liam Neeson.
  • Chris Nyst, Criminal Law, Opinion

A Cure For The Common Scold

The wheels of Justice turn slowly, but grind exceedingly fine. One of the biggest movies of 1967 was Franco Zeffirelli’s rollicking cinematic rom-com treatment of William Shakespeare’s comedy Taming of the Shrew, written and first performed four centuries earlier in the late 1500’s. The 1967 movie of the same name starred Hollywood’s then hottest couple, the Brangelina of their day, Elizabeth Taylor and Richard Burton, as the strong-willed couple Katherina and Petruchio, who are pitched together in a head-long battle of the sexes.For those who need to brush up on their Shakespeare, the Shrew plot follows the efforts of embattled dad Baptista Minola to marry off his two daughters, Bianca and Katherina.
  • Chris Nyst, International, Opinion, Politics

In The Company Of Heroes

On 11 November 1918, at the French town of Compiegne, high-ranking officers of the Entente, the coalition that opposed the Central Powers of Germany, Austro-Hungary, the Ottoman Empire and Bulgaria during World War 1, signed an armistice with Germany, ceasing all hostilities on the Western Front. At eleven o’clock on that morning - the eleventh hour of the eleventh day of the eleventh month - the guns finally fell silent, after four long years of unprecedented slaughter. The first global war had left an estimated 40 million casualties, including over 200,000 young Australians killed or wounded in action. It became known as “The War to End All Wars.” Unfortunately, it wasn’t.
  • Chris Nyst, Criminal Law, International

A Meal Eaten Cold

The Italians say Revenge is a meal that’s best eaten cold. I guess Jimmy Bulger would have agreed. James Joseph Bulger Junior grew up in abject poverty on the dirt-poor streets of South Boston in the 1930’s and 40’s, along with his two younger brothers, William, better known as “Billy,” and the baby, John, whom the Bulgers dubbed “Jackie.” Billy and Jackie were good boys who worked hard at school and excelled, but Jimmy was a tough street scrapper who succumbed to the lure of the streets. While Jackie went on to become a court magistrate, and Billy a lawyer and eventually Democratic Senator William Michael Bulger, the longest-serving President of the Massachusetts Senate, Jimmy was a career criminal, a ruthless gangster and organised crime boss, leader of Boston’s infamous Winter Hill Gang. The local cops nicknamed him “Whitey” because of his blond head of hair. Jimmy hated the name, but it was a tag that stuck to him all his life.
  • Chris Nyst, Entertainment, Opinion

The Phantom Of Youth

They say youth is wasted on the young. But it may not always be so. Around one hundred years ago, a young, little-known American writer by the name of Francis Scott Key Fitzgerald, who later would be posthumously celebrated under the name F. Scott Fitzgerald as one of the greatest American authors of the twentieth century, submitted to Collier’s Magazine an odd little story entitled “The Curious Case of Benjamin Button.” It recounted the strange tale of a baby born in Baltimore in 1860, with all the wizened appearance of a seventy-year-old. Real-life stories of rare medical conditions that caused babies to be born looking like septuagenarians were not unknown even then, but Fitzgerald gave that profoundly sad truth a whimsical tweak.
  • Chris Nyst, Criminal Law, International

The Ire Of The Beholder

Like beauty itself, art is undoubtedly very much in the eye of the beholder. A couple of years back, a world-renowned Brisbane-born street artist, whose celebrated work is permanently exhibited in the Australian National Gallery and regularly sells for thousands of dollars in the swank art-houses of Sydney and Melbourne, was accused of painting graffiti at various sites around Brisbane. For his sins he was charged by Queensland police with wilful damage of property.
  • Chris Nyst, Criminal Law

A Certain Uncertainty

It has long been accepted that the element of certainty is essential to the rule of law. Long-standing legal principle dictates that the law should be certain and accessible, so it can be easily enforced and people can know where they stand. But in an ever more complicated world, that task is becoming increasingly complex.
  • Chris Nyst, Criminal Law, Traffic Law

The Road Ahead

By the time the ambulance arrived the young man in the front passenger seat was already dangerously close to death. His once fit, handsome best mate was now crumpled and bloodstained beside him, folded in awkward angles across the twisted steering wheel, his pelvis and both arms shattered in various places. The other two passengers, recently happy and carefree youngsters, were pathetically slumped at the roadside, bloodied and bewildered by the horror of sudden and devastating developments.
  • Chris Nyst, Litigation, Opinion

Rat Racers

Remember the old joke about lawyers and rats? In case you don't, here's how it goes: “The National Institute of Health announced this week it would start using lawyers instead of rats to conduct its laboratory experiments. The American Bar Association has objected, but the NIH says there are three good reasons why lawyers are better than rats for laboratory work. Firstly, there's a lot more of them. Secondly, laboratory staff don't become so emotionally attached to them, and thirdly, there are some things even a rat won't do for reward."
  • Chris Nyst, Criminal Law

One Size Fits All?

Somebody please tell me - when are the politicians going to learn? Justice just isn't a one-size-fits-all proposition. When the Victorian government announced last week plans to introduce a mandatory minimum jail term of six months for anyone convicted of assaulting police or paramedics, lawyers predictably warned the move would almost inevitably lead to injustices. Victorian Bar President Mr Matt Collins QC and the Law Institute of Victoria questioned why one would want to appoint the best legal minds available as judges, then deny them any discretion to sentence according to the unique circumstances of each individual case. But such concerns were quickly rejected by politicians keen to promote their "get tough on crime" credentials.
  • Chris Nyst, Criminal Law, Entertainment

Who’s Paying My Bus Fare?

Society's more forgettable characters sometimes prove to be life's most memorable ones. About twenty years ago I appeared for a hapless heroin addict called to give evidence at an investigative hearing which required him to be cross-examined by a very experienced and capable Queen’s Counsel.