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LWZ115 Legal Process Assignment

   

Added on  2020-02-23

12 Pages2514 Words295 Views
Running head: LEGAL PROCESSLegal ProcessName of the StudentName of the UniversityAuthor Note

1LEGAL PROCESSTable of ContentsPart A...............................................................................................................................................1Dietrich v The Queen 17 CLR 292..................................................................................................1Fact of the Case...............................................................................................................................1Legal Issues.................................................................................................................................2Judgment......................................................................................................................................4Part B...............................................................................................................................................4Issue.............................................................................................................................................4Rules............................................................................................................................................5Application..................................................................................................................................6Conclusion...................................................................................................................................8Reference.........................................................................................................................................9

2LEGAL PROCESSPart ADietrich v The Queen 17 CLR 292Fact of the Case It is important case of High Court of it Australia where it concerns with the nature of theright to a fair trial and provided with Legal Aid by the state for the indigent defendant who is notable to afford the legal representation1. The fact of the case is the accused who is known as acriminal named Dietrich has came to Melbourne from Bangkok Thailand he also carrot 70 gramsof heroin which was cancelled with condoms and swallowed it2. After arriving in mailbox along with those things the Australian Federal police havearrested him from his flat where they found one of the condoms and some heroine in a plasticbag. Immediately he was taken into the custody and remain of the condoms has been passed onthat night at the hospital in vintage prison3. However the accused also alleged to the police thatthey have planted the drugs4. The accused was tried in the county Court of Victoria where thecourt has alleged crimes for the trafficking offence under the Customs Act 19015. At themoment of trial process he has no legal represent. Therefore he had applied for assistance underthe Legal Aid commission of Victoria6. However the assistance has ask him that if he pleadedfor guilty then they will help him but he refused to have the guilty and again apply to the1 Flynn, Asher, et al. "Legal aid and access to legal representation: Redefining the right to a fair trial." (2017).2 Ranieri, Stephen. "Dietrich v the queen: Affirming the right to legal representation." Bulletin (Law Society ofSouth Australia) 39.7 (2017): 18.3 Flynn, Asher, et al. "Legal aid and access to legal representation: Redefining the right to a fair trial." (2017).4 Wood, Helen. "Cultural diversity: Reflections on the role of the judge in ensuring a fair trial." Judicial OfficersBulletin 28.4 (2016): 35.5 Bell, Virginia. "Keeping the criminal law in." Judicial Review: Selected Conference Papers: Journal of the JudicialCommission of New South Wales, The. Vol. 12. No. 4. Judicial Commission of NSW, 2016.6 Flynn, Asher, et al. "Legal aid and access to legal representation: Redefining the right to a fair trial." (2017).

3LEGAL PROCESSSupreme Court of Victoria but again he was refused. However he was again charged withposition of a quantity of heroin and convicted of the principal church in the county Court7.Dietrich applied for an appeal in the Supreme Court where the court has denied accepting hisappeal and then he was applied for the leave to appeal on the high court of Australia8.Legal Issues In this case the accused work represented by David Grace, in the High Court where hehas argued about the trial which was miscarriage of Justice due to not having any legalrepresentation9. He also added that the accused is charged with 4 offences which were given theseriousness of the crime. Therefore until he being able to obtain any Council for himself a courtmust adjourned the trial10. Dietrich has been added with section 397 of the Victorian crimes Act 1958 where itdefined that the accused person must admitted after the close of the case of the prosecution tomake public expense and defense should be processed by the legal practitioner11. Dietrich was also again stated with international law which is described under the UnitedNations International Convenient on Civil and Political Rights where the Article 14(3) hasstated that accused must be served with legal assistance as per the interest of the justice and inthe third source he also suggested about some similar cases of the common law of United Statesand Canada in United States the 6 amendment to the United States constitution provide the7 Ranieri, Stephen. "Dietrich v the queen: Affirming the right to legal representation." Bulletin (Law Society ofSouth Australia) 39.7 (2017): 18.8 Ranieri, Stephen. "Dietrich v the queen: Affirming the right to legal representation." Bulletin (Law Society ofSouth Australia) 39.7 (2017): 18.9 Bell, Virginia. "Keeping the criminal law in." Judicial Review: Selected Conference Papers: Journal of the JudicialCommission of New South Wales, The. Vol. 12. No. 4. Judicial Commission of NSW, 2016.10 Wood, Helen. "Cultural diversity: Reflections on the role of the judge in ensuring a fair trial." Judicial OfficersBulletin 28.4 (2016): 35.11 Flynn, Asher, et al. "Legal aid and access to legal representation: Redefining the right to a fair trial." (2017).

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