Tag: Gold Coast
  • Criminal Law, International, Jonathan Nyst

A Mile In Their Shoes

On 20 February 2020, the historical drama, “The Professor and the Madman”, starring Hollywood heavyweights, Sean Penn and Mel Gibson, was rolled out to Australian cinemas. It is loosely based on the 1998 book ‘The Surgeon of Crowthorne’ written by Simon Winchester, which revolved around the life and work of Professor James Murray, who compiled the first edition of the Oxford English Dictionary in the late 19th century.
  • Dispute Resolution, Litigation, Navrinder Sathar, Opinion, Politics

People Power

For the past couple of months, I have been receiving messages and calls from concerned relatives and friends back home in Malaysia wanting to know whether I have been affected by the recent bushfires. Thankfully, like most Gold Coasters, I wasn’t physically confronted by the crisis,  but of course we have all been touched by the devastating news of loss and destruction suffered by so many around us. It is awful to think the fires have claimed lives, destroyed homes, impacted at least a billion animals, and laid to waste more than 25 million acres of land.
  • Alex Somers, Criminal Law

Malice Aforethought

Last week, a Queensland mother became the first person to be charged under the State’s new, expanded definition of murder laws, after allegedly leaving her two infant children to die in the blistering heat of her car, after falling asleep one Saturday afternoon.
  • Chris Nyst, Criminal Law, Opinion

The Means To The End

About ten years before the birth of Christ the great Roman poet Publius Ovidius Naso, in his collection of epistolary poems known as The Heroides, coined the Latin phrase Exitus acta probat, which translates roughly to the often-quoted mantra ‘The end justifies the means’. It is a sentiment celebrated by the Italian Renaissance writer Niccolo Machiavelli in the 1500’s and enthusiastically embraced by a long list of authoritarian dictators throughout history. Thankfully, it has no place in the criminal justice system of any modern western democracy.
  • Traffic Law

Driver Lock-Out Laws

Over the next 24 months or so, the State government looks set to roll out various amendments to our traffic laws which will have a significant effect on penalties meted out to drink drivers on our roads. On 12 September this year, the Queensland Parliament assented to the Transport Legislation (Road Safety and Other Matters) Amendment Act 2019, which introduces substantial changes to a swathe of traffic regulation legislation. Amongst the more notable changes are provisions regarding the mandatory use of interlock devices for those convicted of any drink driving offence.
  • Brendan Nyst, Commercial Law, Litigation

The Shame Game

China has yet again cemented its reputation as the great 21st-century innovator by coming up with a novel new way of convincing its citizens to honour their legal and community responsibilities. In the interests of encouraging wayward debtors to pay their dues, Chinese Authorities have devised a none-too-subtle system of naming and shaming them by projecting their names and faces onto movie screens across the country, including recently during the previews to the worldwide smash hit movie Avengers: Endgame.
  • Criminal Law, Jonathan Nyst

Not Much Of A Bargain

Once upon a time, if you did the crime you did the time. If not, you walked. Nowadays, it can be somewhat more complicated. The practice of criminal law in Australia is increasingly embracing the time-honoured US model of down-and-dirty, pragmatic plea-bargaining deals between prosecution and defence, aimed at achieving a compromise acceptable to both parties. And in recent years Australian courts have tacitly encouraged that process by routinely offering discounted penalties to those who arrive at an early decision to plead guilty on mutually-agreed facts.
  • Criminal Law

Predictive Policing

Robot judges in Estonia? American AI sentencing criminals to prison? Computers predicting crimes before they even happen? One may be forgiven for thinking such concepts come straight from a science fiction novel, or the rabid rantings of an online conspiracy theorist. The truth is they are all part of today’s reality. And it looks like it’s only a matter of time before concepts like predictive policing and artificial intelligence will be an everyday feature of justice systems worldwide. 
  • Criminal Law, Jonathan Nyst, Opinion

Secret X Files

This week Sky News aired the explosive documentary “Lawyer X: The Untold Story”, recounting the sorry tale of the now-notorious double-dealings of former Melbourne Barrister, Nicola Gobbo.
  • Alex Somers, Criminal Law, Traffic Law

High Time For Reform?

A common submission by Queensland defence lawyers representing drug-driving offenders goes something like this: “My client had not in fact smoked cannabis for several days prior to driving, but hangover traces of the drug must have remained in his system, unbeknownst to him."
  • Chris Nyst, Criminal Law, International, Opinion

Mea Culpa

They say confession is good for the soul. That may be so, but sometimes it seems there's a whole lot of things it's not nearly so good for. Just ask Liam Neeson.
  • Brendan Nyst, Dispute Resolution, Litigation, Politics

Politics, Sex and Religion

It’s often said one should never discuss politics, sex or religion at a dinner party. The latest news out of the Wonderful World of the Public Service certainly seems to attest to the wisdom of that simple sentiment.