Category: Criminal Law

There’s a common misconception in some circles that only criminals, miscreants and ne’er-do-wells attract the attention of investigators like Federal and State police, corporate and other regulatory watchdogs, the tax man and the like. Most of us blithely go through life believing if we always try to act honestly and honourably there is no risk we will ever be targeted. Unfortunately, it’s just not true.
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.
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.
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.
The circus is in town.  A crazy new phenomenon is sweeping across the US, Europe, and now even Australia. It trumps the Trump, it’s scarier than Ruddy’s run at the UN, and it’s so weird it even out-weirds planking, if that’s actually possible. Scary killer clowns have taken to lurking on our streets, hiding in the shadows and around corners, waiting to maniacally leap out and scare the living socks off us.
G men love stoolies. It’s a fact of life. Over the centuries, the one thing that has most frustrated the work of ‘government guys’ – the regulators of all shapes and sizes, the G men, the Jacks, the fuzz, the heat, the traps, the Johnny Hoppers, federalies, wallopers, flatfoots, boys in blue, whatever you want to call them – the one thing that has most frustrated their valiant efforts to rein in the miscreant criminal milieu has been the unshakeable conspiracy of silence that has long existed between partners in crime.
Today’s news that six NRL stars will be interrogated over alleged match fixing, and face jail if they refuse to co-operate with investigators, brings into sharp focus a recurring issue for professional sports people. Having endured the debacle that was the recent ASADA doping investigation into the AFL and NRL, and more recently still match fixing allegations in the sport of basketball and the greyhound industry live baiting scandal, it is very clear to me that few sports administrators, and virtually no sports men and women, have any real appreciation of the concept and purpose of the right to silence, and the interplay between contractual and legislative obligation as it affects statements against interest.
Today’s news out of the Broncos Rugby League headquarters about an alleged “drunken incident” involving star centre James Roberts has let more than a few old spectres out of the closet. Newspapers today reported that an allegation Roberts verbally abused a barmaid in a drunken rage at the Normanby Hotel has been referred to the NRL’s integrity unit, which reportedly imposed a 12 month alcohol ban on Roberts in 2014 following his sacking at Penrith.