Category: Criminal Law
  • Chris Nyst, Criminal Law, Dispute Resolution, International, Technology

Judgement Day

The other night I had the craziest dream. Remember Haley Joel Osment? He's that cute-but-oh-so-creepy little weird kid with the Sad Sack face who kept seeing dead people in M. Night Shymalan’s 1999 supernatural horror-movie The Sixth Sense. If you were as spooked as I definitely was by that things-that-go-bump-in-the-night ghost story, you won’t have forgotten this kid in a hurry. But then, as if The Sixth Sense wasn't quite spooky enough, in 2001 he backed it up with a dark and contemplative tale called AI Artificial Intelligence, which was even more disturbing. This time he played – surprise, surprise – another cute, creepy little weird kid, only with a slight and distinctly unsettling difference. He’s a robot.
  • Chris Nyst, Criminal Law, Opinion

Redemption Road

There is no more powerful human narrative than the story of redemption, the assurance that no matter what evil we have done we can atone, strive to be better and ultimately find forgiveness. Not everyone believes in true redemption. But, like the good preacher, a good lawyer has to believe we all can hope to one day be delivered from our sins.
  • Chris Nyst, Criminal Law

Swings and Roundabouts

It's funny the way things seem to go on swings and roundabouts. In 1945 the troops returned from World War II celebrating victory over fascism and the arbitrary and excessive use of power by the State. By the early 1950s politicians like American Senator Joe McCarthy had fuelled Cold War fears of Communist subversion, and convinced the populace there was “a Red under every bed”. So Americans surrendered their civil rights to avert the Communist threat. But then, a few years later, after a series of reckless, often-unsubstantiated accusations and character assassinations, McCarthy’s public hearings were discredited and shut down. By the early 1960s a new generation was again championing civil rights and libertarianism.
  • Chris Nyst, Commissions of Inquiry, Criminal Law, Litigation, Politics

The Rule Of Law

In a time of increasingly vigorous criticism of some of our court processes, many were taken aback when Victoria’s Supreme Court recently hit back at its detractors, carpeting three politicians, a journalist and a newspaper editor, over public statements criticising the sentencing of terror offenders. A couple of months ago three ministers of the Turnbull government, – Greg Hunt, Alan Tudge and Michael Sukkar – publicly slammed Victorian judges for what they characterised as inappropriate leniency and “ideological experiments” in sentencing terrorists, Mr Sukkar asserting the judges’ approach “has eroded any trust that remained in our legal system.”
  • Chris Nyst, Criminal Law, Defamation, Privacy

Reasonable Conduct

The threat last week by One Nation Senator Malcolm Roberts to report Fairfax Media journalists to police for stalking, raises some interesting questions. Last Thursday the Senator’s senior media adviser, Sean Black, threatened to complain to police about what he called "continued pestering" and "harassment". His claims followed allegedly persistent emails from journalists seeking answers from Senator Roberts about renunciation of his UK citizenship, in the context of the broader dual nationality debate. Mr Black reportedly told Fairfax Media to "stop the harassment" and warned that further “pestering or harassment” would be referred to the Queensland Police Service for prosecution.
  • Chris Nyst, Criminal Law, Litigation, Technology

Sifting Through The Dross

The Roman Catholic Cardinal George Pell has retained a brilliant USSR-born, Jewish lawyer to defend him.  Melbourne-based barrister Robert Richter QC has been retained to defend the Cardinal on historical sex charges. Having worked often with Robert, I can tell you the Cardinal has an excellent man in his corner. But nonetheless, many experienced lawyers are privately wondering if he can possibly get a fair trial.
  • Criminal Law, Opinion

Doli Incapax – Youngest Offender Ever Charged With Murder

In the early hours of the morning following Australia Day last year, 26 year old Patrick Slater was found dead in a Perth railway station, a 25cm chest wound had penetrated his aorta and both lungs. Last week, in the WA Supreme Court, five young adults and one teenager were found guilty of his murder. But not all those allegedly involved in the incident actually went on trial. The youngest – just 11 years of age at the time – remains in legal limbo, awaiting his fate. At that tender age, he achieves the unenviable record of being the youngest person ever to be charged with murder in Australia.
  • Chris Nyst, Criminal Law, International, Travel

A Foreign Land

The sentencing this week in China of three Australian employees of James Packer’s Crown Resorts brings into sharp focus the scary reality of globalisation.  Melbourne-based executive Jason O’Connor and China based staff members Jerry Xuan and Pan Dan all pleaded guilty last Monday to charges of illegally promoting gambling, and were ordered to serve between 9 and 10 months in a Chinese prison. Additionally, the Shanghai court imposed fines on the three Australians, along with 14 other Chinese Crown Resorts employees, totalling $1.67 million.
  • Criminal Law, International

On The Edge

I was contemplating suicide this week. Not personally contemplating the actual deed mind you - in fact, it may be more accurate to say that suicide was contemplating me. You see, our apartment windows face the ocean and the twice-yearly clean by the burly-blokes-with-beards-and-rope is insufficient for my taste in crystal clear views. So it was that I found myself accidentally stuck on a 2 foot wide ledge with no railing, 23 floors high, in a pair of jeans, with no shirt and no phone … and carrying a squeegee mop. A moment before, I had pushed the window that inch too far and, as the lock clicked on the inside with me on the outside, I cursed loudly and creatively. Knowing that my girlfriend was out for at least the next hour, I braced myself hard against the window and settled in for some quiet contemplation.
  • Chris Nyst, Commissions of Inquiry, Criminal Law, Privacy

Citizen John and the Genie

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.
  • Chris Nyst, Criminal Law, Opinion, Politics

Parole On Trial

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.
  • Chris Nyst, Criminal Law, Human Rights, Opinion, Politics

Fixated Folk

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.