Australian Criminal Law System

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Part 2: critical legal analysis: You must critically analyze and discuss the question. You must support each of your agreements with authority. If there is no case law to support your argument, you may use any academic or other literature or commentary that supports your argument.

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Q4:The common law of Australia does not recognize that an accused on trial for a serious criminal offence has a right to the provision of counsel at public expense. Further, that as a matter of constitutional duty, the court cannot indefinitely adjourn a trial to force the provision of legal aid (Dietrich v The Queen (1992) 177 CLR 292). Do you agree or disagree? Why? The defendant was a man named Olaf Dietrich who was arrested in Melbourne Airport with importing a lot of heroin. Dietrich was tried in the County Court of Victoria in 1988 for a trafficking offence under the Customs Act 1901 and certain less serious charges.[1] During the lengthy trial the accused had no legal representation.[2] Although he had applied to the Legal Aid Commission of Victoria for assistance, the commission rejected his request and said there was no public expense in court if you were an indigent accused. Finally, the judge made a decision that supported the defendant to have legal aid in order to making sure he got a fair trial. Dietrich v The Queen was an important case decided in the High Court of Australia in the year of 1992. It concerned the nature of the right to a fair trial, and under what circumstances indigent defendants should be provided with legal aid by the state. The case determined that although there is no absolute right for the accused to have public fund for the counsel in court by state, a judge should concern the request for an adjournment or stay when an accused has no representation. It is a significant case in criminal law as well as in constitutional law in Australia, since it is one of a number of cases which have found human rights in the Australian Constitution. The majority in the High Court decided that although there was no right at common law to have publicly provided legal representation, in some cases representation is appropriate to ensure a fair trial.[3] Although judges no longer have the power to appoint counsel for an accused, since that function has been largely taken over by legal aid agencies, a trial judge should use their power to adjourn a case if it is in the interests of fairness that an accused have representation, which would encourage the legal aid agencies to provide counsel.[4] In my point of view, I do not agree with the first issue. I think though there is no provision of counsel at public expense,

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