Mark Hay, Barrister

04/12/2018

All good things must come to an end - The trials continue but the page must now be put to rest.

The nature of my current role is such that my views on the law, lawyers and those who consume the services we provide should not be broadcast to the world at large.

Thank you for your support over the last few years. I hope the page kept you entertained if not informed.

M

08/07/2018

For as Nelson said "if your sword is too short, take a step forward"

Good luck Vice Admiral Barrett and thanks for the memories.

30/06/2018

A very sad, but all too common, story about the cycle of crime. I can personally relate to this barrister’s tale because a similar experience (with a child in the Children’s Court) led me to run away and join the Navy.

The sheer frustration and sense of hopelessness with the plight of children in the criminal justice system can take its toll.

The hope for every practitioner in this field is that your efforts just might have a life changing effect on your client and their family - often it is not just the present case but the future of the child you work so hard to defend.

Do yourself a favour and read the article.

The long read: Years spent representing young offenders left me unconvinced that the system was giving them a fair shot at rehabilitation

23/06/2018

This week I appeared in a trial in Griffith District Court acting for the accused. Being a short trial the issues were very limited and, as a result, the jury were out for a relatively short period of time.

However, one issue that did arise was the role of memory in a criminal trial. The principle crown witness claimed to have had no memory of an incident that was alleged to have occurred some 4 years prior to a “flashback” at which time it “all came back to her”.

My client’s position was that the allegation was untrue and that her “memory” was false (either deliberately or as a result of external factors).

In cross-examination I tested her asserted memory and the circumstances of the “flashback”. In her answers, amongst other things, she claimed to have a memory of an event which was impossible to have occurred as she “remembered”, could not remember many important details of the alleged offending, and accepted that her “memory” occurred in circumstances of potential contamination/reconstruction.

My submission to the jury was that they should be reluctant to convict on such a suspect memory.

Ultimately the jury disagreed and found the offences proven.

However, many cases have similar problems with questions as to the reliability of a witness’ memory.

08/04/2018

WOLLONGONG LAC

03/04/2018

Credit: Financial Review

30/03/2018

Genius.

19/03/2018

One thing I have learned as a litigator is no matter what the question - the answer is always in the detail. Master the detail & you master the case.

08/03/2018

A very important Public health announcement - but also great to see Cleaver Greene (aka Rake) back in his natural environment!!!

p.s. Yes he is wearing his jabot incorrectly!!!

Only 10% of people survive a cardiac arrest so...C’mon Australia, Let’s Save Lives! For more information visit: http://www.utas.edu.au/shockverdict The three...

04/03/2018

The great thing about being a barrister is the ability to travel the countryside appearing in court. I have seen more of New South Wales in the past 4 years than in all the time I worked for Willis & Bowring.

The next few weeks it will be Newcastle. But this year has, or will, involve trials in Albury, Campbelltown, Sydney, Parramatta, Wollongong and Newcastle.

Great way to start the legal day.