Dietrich elex wiki
Unable to afford his own legal representation, McInnis applied for legal aid which did not ultimately succeed. In McInnis v The Queen, the accused faced several serious criminal charges including rape. In 1979, the High Court of Australia issued a key ruling clarifying whether a conviction ought to be set aside on the grounds of miscarriage of justice due to not being legally represented. The Supreme Court of Western Australia, where McInnis v The Queen originated
#Dietrich elex wiki trial#
Counsel for Dietrich applied for appeal on one ground being Dietrich's lack of legal representation meant the trial in the County Court of Victoria was miscarried. : 386 After leave to appeal was rejected by the Victorian Court of Criminal Appeal, the matter was escalated to the High Court of Australia. : 386 Prior to trial, Dietrich had applied for legal assistance through several avenues, all of which were rejected. The case originated in the County Court of Victoria, where Olaf Dietrich had been convicted by jury on one count of importing a trafficable quantity of heroin. In a 5-2 opinion, the Court confirmed those facing trial are not entitled to legal aid at public expense, but that courts possess power to stay criminal proceedings which will result in an unfair trial. Until Dietrich v The Queen, it was customary for those unable to afford legal representation to be forced to trial, even when facing serious criminal charges, : 235 with previous rulings by the Court finding it preferable but not requisite for a fair trial. The case was considered a landmark ruling : 3 and said to have "had a fundamental impact on the Australian justice system". The case determined that courts ought to grant an adjournment in matters where the accused is unrepresented through no fault of their own and proceeding would result in an unfair trial. McHugh.ĭietrich v The Queen, HCA 57 is a High Court of Australia case in which the Court established a de facto constitutional requirement that legal aid be provided to defendants in serious criminal trials. (per Chief Justice Anthony Mason and Justices William Deane, John Toohey, Mary Gaudron & Michael McHugh)Ĭhief Justice: Anthony F. (5:2) if in such circumstances the seeking of adjournment or stay is denied, resulting in an unfair trial, the conviction must be overturned (5:2) where an accused faces serious charges and is (through no fault of their own) not able to obtain representation, any application for adjournment or stay should be granted (unless there are exceptional circumstances) and the trial delayed until such representation can be obtained R v Dietrich Supreme Court of Victoria (Court of Criminal Appeal), (unreported, Justices: Norman J. Over 17 thousand translators contributed to this release.Landmark judgement of the High Court of Australia Learn in how many languages Ubuntu is available › As such, both contributions done through Launchpad Translations, Ubuntu's online translation platform, and through external projects have been counted, as well as those contributions done in past releases that are still used in the current release. This list represents the individuals who have contributed directly or indirectly to translating Ubuntu 12.04 LTS in each of the languages it is available.