Category: Criminal Law
  • Chris Nyst, Criminal Law

Can Police Just Randomly Stop and Search Me?

At festivals like Splendour in the Grass and Greazefest, music lovers have become accustomed to seeing police routinely searching people suspected of having drugs in their possession. In certain circumstances police are entitled to do that, but it’s not just open season. Police are not entitled to just randomly stop and search people for no good reason. Unless a police officer has an actual search warrant, then they’re not entitled to detain and search a person except where they suspect on reasonable grounds that person has drugs in their possession.
  • Brendan Nyst, Criminal Law, International, Opinion

Trial of the Century

I was just a kid when OJ was publicly apprehended by the LAPD. I knew little of the man known as ‘The Juice’, and had no understanding of his place in the psyche of 20th century USA. I had no idea he was so revered by the American public, or why, and had no inkling of the bloodshed that had defined LA’s racial divide in the decades preceding the case. I merely saw another celebrity on trial.
  • Chris Nyst, Criminal Law

Sex and the Sleepy

Life is a risky undertaking that involves an endless series of perilous decisions. Some turn out triumphant, others disastrous.
  • Chris Nyst, Criminal Law, Domestic Violence

Between Main and Dessert

“So what did you think of the Baden-Clay decision?” It was the question I’d been dreading all night. As soon as it hit the dinner table seven pairs of accusing eyes turned my way, waiting for the slightest slip-up. “Well…”
  • Criminal Law

Scary Stories – Making A Murderer – Wrongful Conviction

This summer many of us became budding couch detectives and expert criminologists, all from the air-conditioned comfort of our very own lounge-rooms, as we sat glued to the TV screen and on the edge of our seats, watching the rivetting Netflix series Making a Murderer. Without giving away too much for those who haven’t finished the series, Making a Murderer is a documentary treatment of the true crime story of Steven Avery, a man convicted of sexual assault and attempted murder, and then exonerated and freed from prison after serving 18 years for the crime. But the story doesn’t end there, and - SPOILER ALERT - the next shocking turn of events has left many people stunned and outraged over the terrifyingly capricious and sometimes sinister workings of the American legal system, leaving many scratching their heads and asking 'could what happened to Stephen Avery happen here in Australia?'
  • Chris Nyst, Criminal Law, International, Opinion

New Fix For Serial Junkies

If you're hooked, as I am, on the phenomenally popular podcast, Serial, crank up those earphones and get ready for a new round of infuriating twists and turns.
  • Chris Nyst, Criminal Law, Politics

“Kelly” MacGroarty RIP

This week saw the passing of my very dear friend and mentor Kelly Macgroarty, one of Queensland’s greatest criminal law defence barristers of any era. Born Neil Joseph Macgroarty 81 years ago, he inherited the tag "Kelly" from his father Neil Francis Macgroarty, himself a distinguished Brisbane barrister who served as Queensland Attorney General in the Moore government of the 20's and 30's.
  • Chris Nyst, Criminal Law

Policy or Politics?

Last week the Supreme Court ordered the Queensland Parole Board to pay convicted bank robber Brenden Abbott’s legal costs because it failed to make a timely decision on his parole application. The Board had sat on Abbott’s application for 389 days, unable to decide whether or not it should release the so-called ‘Postcard Bandit’. Why? What was the problem? The only answer I have is “It’s complicated.”
  • Chris Nyst, Criminal Law, Human Rights, Opinion

A Very Big Call

I was surprised to read this week former Immigration Minister Philip Ruddock's comment that it is unlikely proposed anti-terror laws would see an Australian deported before their appeal is heard. Some years back a client of mine was deported to the UK by ministerial direction pursuant to section 501 of the Immigration Act. He had come to Australia with his family as a child, and was in his 20s when he was convicted of a criminal offence.
  • 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.