R v Dietrich Supreme Court of Victoria (Court of Criminal Appeal), (unreported, Justices: Norman J. O'Bryan, Peter R.A Gray and Frank H.R. Vincent) 1988
Court membership
Judge(s) sitting
Chief Justice: Anthony F. Mason Justices: Francis G. Brennan, William P. Deane, Daryl M. Dawson, John L. Toohey, Mary G. Gaudron and Michael H. McHugh.
Case opinions
(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 (5:2) if in such circumstances the seeking of adjournment or stay is denied, resulting in an unfair trial, the conviction must be overturned (per Chief Justice Anthony Mason and Justices William Deane, John Toohey, Mary Gaudron & Michael McHugh)
Dietrich v The Queen is a 1992 High Court of Australia constitutional case which established that a person accused of serious criminal charges must be granted an adjournment until appropriate legal representation is provided if they are unrepresented through no fault of their own and proceeding would result in the trial being unfair.
Until the 5–2 opinion of Dietrich v The Queen, it was customary for those unable to afford legal representation to be forced to represent themselves at trial, even when facing serious criminal charges. Previous High Court rulings found representation preferable but not a requisite for a fair trial.
The case originated in the County Court of Victoria, where Olaf Dietrich, later known as Hugo Rich, had been convicted of importing a trafficable quantity of heroin. Prior to trial, Dietrich had applied for legal assistance through several avenues, all of which were rejected. The Victorian Court of Criminal Appeal rejected the appeal and the matter was escalated to the High Court of Australia. Counsel for Dietrich applied for appeal on one ground; Dietrich's lack of legal representation meant the trial in the County Court of Victoria was quashed and a new trial ordered.
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