Category: Criminal Law
  • Chris Nyst, Criminal Law, Opinion, Technology

The Underbelly Issue

A couple of years back, at the International Criminal Law Congress, I delivered a paper on the effect of pre-trial publicity on jury trials. Victorian Supreme Court Justice Betty King, who presided over the trial of Melbourne underworld figure Carl Williams and others charged in the wake of the Melbourne gangland war, was on the same panel of speakers. Justice King famously banned the high-rating Underbelly television series from being aired in the state of Victoria during Williams’ trial because of the prejudicial effect it might have on the deliberations the jury. Naturally, the ban caused quite a stir and upset a lot of people, not least of all the producers at Channel 9. But in the end it probably had significantly less effect than Justice King had hoped it would. Despite the television ban, the first episode of Underbelly was available online, everywhere throughout the world wide web, within 20 minutes of it being aired on television in states outside Victoria.
  • Chris Nyst, Criminal Law, Politics

Ten Years On

10 years ago today, on 27 November 2004, the indigenous community of Palm Island erupted. The islanders had just heard read out at a public meeting the autopsy report into the death of the local man known posthumously simply as Mulrunji. He had been arrested a week earlier and taken to the Palm Island police lock-up, where he died a short while later following a scuffle with a Senior Sergeant of Police. A medical examination found he had sustained a cut above his right eye and four broken ribs, his portal vein was ruptured and his liver was split almost in two.
  • Chris Nyst, Criminal Law, Human Rights, Opinion

Exactly What They Take

Frank Darabont’s 1994 film The Shawshank Redemption is an enduring classic of American cinema. Based on the Stephen King novella Rita Hayworth and the Shawshank Redemption, it tells the story of Andy Dufresne, a young banker sentenced to life imprisonment in the tough Shawshank State Penitentiary for the murder of his wife and her lover, a crime he says he didn’t commit. That’s tough material for any audience, and when the film was first released it all but tanked at the box office. But eventually moviegoers came to embrace the morality tale at the heart of Andy’s redemption, and the film went on to outstanding critical acclaim, recognised as one of the best films of our time. Most of the most quotable quotes come from Andy’s fellow inmate Ellis “Red” Redding, played with understated dignity by the great Morgan Freeman, whose gentle narration becomes a quiet commentary of Dufresne’s desperate struggle to maintain his self-worth in the face of brutality and hopelessness.
  • Chris Nyst, Criminal Law, International

No Surprise In Pistorius Verdict

Notwithstanding all the hoopla being currently kicked up in the public press, I expect the  verdict hardly raised a single eyebrow amongst experienced criminal lawyers anywhere around the globe. On Friday Judge Thokozile Masipa found the celebrated South African Paralympian not guilty of murder, but guilty of culpable homicide. Neither finding would likely be considered in any way surprising or remarkable to anyone with a close understanding of the British legal system.
  • Chris Nyst, Criminal Law, Human Rights, Opinion

Need For Restraint

Earlier this week I was sitting in the public gallery of a Magistrates Court on the Sunshine Coast waiting for my client's matter to be called before the magistrate, when a downcast defendant was led into the dock with both hands locked together in a pair of impressive-looking wrist restraints. The police prosecutor proceeded to launch into a dissertation on the defendant's misdemeanours, when the Magistrate abruptly interrupted.
  • Chris Nyst, Criminal Law, Human Rights, Opinion

Heaven Forbid, Maybe Even You And Me

Last week I was invited by Amnesty International to join a panel of criminal justice experts discussing the human rights implications of Queensland's anti-bikie laws, indefinite detention regime, and other current and mooted legislative changes challenging many of our accepted notions of personal liberty. The discussion, which took place in the Banco Court of Brisbane's new Supreme Court complex, and involved a broad spectrum of speakers ranging from the Queensland Police Commissioner Ian Stewart to legal academics and practitioners, was introduced by the President of the Queensland Court of Appeal Justice Margaret McMurdo, who spoke powerfully of the need for lawyers to find a voice in championing human rights both here and internationally.
  • Chris Nyst, Criminal Law

Bugging Coffins?! Has It Really Come To This?

Picture: Rhodi Lopez Source: Unsplash Years ago I was involved in a major Australian Federal Police investigation into a high-profile union administrator (amongst others) in which the AFP bugged the homes of a host of dodgy characters all the way from Cairns to Coolangatta. In the process they came up with a mountain of secret tape recordings of sometimes very private communications between all and sundry. The listening devices secreted in the homes of those under investigation included a bug in the main bedroom of a home where one suspect and his wife shared their matrimonial bed. The resultant tape recordings included audio of some goings-on that were so sensitive the tapes ultimately never saw the light of day. But they made some people stop and rethink whether the ends always justify the means, or should there be some careful circumscription of some of our more police intrusive investigation tools.
  • Chris Nyst, Criminal Law, International

When Are Young Cops Going To Be Taught Choker Holds Are Lethal?

About 20 years ago I acted for a young police officer who was charged with assault occasioning grievous bodily harm after he applied a particularly vigorous choker hold in arresting a recalcitrant drink driver. Following his police training to the letter, my client locked his arm around the man's neck and pulled it tight enough to restrict the offender’s blood flow to his brain, causing temporary loss of consciousness, a very effective way of incapacitating anybody. Unfortunately, he also managed to pop one of the man's eyes out of its socket, and cause further unintended but significant damage.
  • Chris Nyst, Criminal Law, Opinion, Sport

Brother For Brother

We choose our friends. We don’t choose our family. But family is family, for better or for worse. Mostly we love them, at times they drive us to distraction. They embarrass us, and we embarrass them. But as life pitches up its cruel and crazy curveballs, family is a constant.
  • Chris Nyst, Criminal Law, Opinion

Hot Mugshot Guy – Are We Seriously Losing It?

The story that went viral last week about the so-called "hot mugshot guy" Jeremy Meeks raises some very interesting social issues in this new world of all-pervasive media. With television news reports following real-life crimes and court cases in a blow-by-blow, up-close-and-personal style, reality television crews following around cops and customs officers filming them in action, increasingly realistic and graphic CSI-type T.V. shows giving us a voyeur’s view into real-life crime (or is it ?), and interactive computer games like Grand Theft Auto allowing our kids a hands-on, albeit computer generated, experience in committing crime, the question has to be asked – are we seriously losing touch with reality? Society’s apparently increasing fascination with crime and criminals has many wondering whether at least some amongst us may be finding it difficult to distinguish between reality and entertainment.