Category: Criminal Law

The Prime Minister’s call for an overhaul of state parole laws in the wake of this week's terrorist attack in Melbourne has the sniff of political scapegoating.
This week I learned something kind of crazy that I never knew before.A gentleman came to my office complaining that five police officers had recently materialised at his front door, without warning or invitation, wanting to conduct a psychiatric assessment on him. It all sounded more than a little bit bizarre to me but, since the gentleman appeared otherwise quite lucid, I tried to dig a little deeper, in the hope of understanding what it may be all about. He didn't really know. The best he could tell me was the officers concerned were apparently attached to something called the Fixated Persons Unit. 
Nyst Legal is recognised as one of Queensland’s leading criminal and regulatory law firms.Whilst we have been based on the Gold Coast for the past four decades we have always practised extensively in all Brisbane courts, as well as those in other metropolitan and regional centres throughout Queensland and New South Wales. We have now established a presence in the Brisbane CBD at Level 27, Santos Place, 32 Turbot Street, Brisbane, to service and build on our Brisbane-based clientele, particularly in criminal and regulatory matters.
“Cannabis sativa is the greatest wonder-drug ever known to man.” The grizzled, weather-beaten face of the aging hippie who sat across the narrow interview desk from me, in the close, stifling confines of the remand prison interview room, was stretched into a wide-eyed look of wonderment. “The Hindu Vedas sang about its powers in the Atharva Veda 1500 years before the birth of Christ. The Hindus called it ‘the food of the gods.’” I took a reassuring glance in the direction of the panic button on the wall. It was comfortably within my reach.
How does the criminal justice system cope with the information revolution of the Internet? In the first week of February 2008 the big boys at Channel 9 were virtually leaping out of their skin with excitement. The network’s highly-anticipated “true-crime” drama series Underbelly, based on the sensational underworld war that saw 36 criminal identities slaughtered on the streets of Melbourne between January 1998 and August 2010, was about to hit the small screen, and predictions were it was going to go gang-busters. The viewing public was beside itself with frenzied anticipation, and Nine’s executives were boldly predicting a spectacular resurrection from the ashes of the network’s recent ratings slump.
For many the recent retrospective by Brisbane’s Courier Mail newspaper, celebrating the 30 year anniversary of the game-changing Fitzgerald Commission of Inquiry into Police Corruption in Queensland, will have brought back memories of more robust times. Between 1987 and 1989 the inquiry, presided over by Tony Fitzgerald, then a razor-sharp and highly regarded Brisbane barrister, systematically uncovered and dismantled an entrenched culture of police corruption that led all the way to the top.
There is so often a deep, unpassable chasm between man and myth. The late James Rieher Snuka, the professional wrestling icon better known to his legion of fans as "Superfly," who died last month, was a hero to a whole generation of TV wrestling fans. Inducted into the World Wrestling Federation’s Hall of Fame in 1996, Superfly’s legendary ringside feuds with equally colorful giants of the sport like "Rowdy" Roddy Piper, back when an orchestrated wrestling match at Madison Square Garden was the biggest show on world television, made him the childhood idol of an army of juvenile 1980’s sports fans who thrilled to his daring and outrageous feats on the canvas. But the true story of Jimmy Snuka’s life left them all with a very different and darker legacy.
In the old days good girls were told to stay out of the back seat of cars. But perhaps times have changed. Not so long ago I acted for a young female doctor who was charged with drink driving. Or, to be quite correct, she was charged with being in charge of a motor vehicle while over the prescribed alcohol limit. She and her boyfriend had driven her car to a friend’s party one night and, after a couple of champagnes, they responsibly decided to leave the car there, and take a taxi ride home.
Over the break I dropped in for a day of musical mayhem at the annual Falls Music & Arts Festival at Byron Bay. There was loads of good music on offer, plenty of deep-fried food, some cool pop-up bars and, as the advertising blurbs promised, "loads of other awesomeness.” I quickly noticed however that the fun-filled affair was not necessarily so awesome for all involved. As I arrived at the gates I witnessed the all-too-familiar sight of a shirtless festival raver, bailed up by police, with two sniffer dogs crawling all over his pants.
Lawyers are well acquainted with the Reasonable Man. After all, he’s each and every one of us, although in truth none of us at all. He’s everyone and no one, the theoretical mean of human mores, the universal yardstick of all that’s fair and reasonable.
The Bible tells us that the sinner Saul was struck down on the road to Damascus. In a sudden flash of light from heaven, he experienced a divine, life-changing epiphany. For most of us the getting of wisdom follows an infinitely more gradual and circuitous path.
This weekend’s Castrol Gold Coast 600 is yet another reminder that some people just seem to be a whole lot happier when someone gets their gear off.