Australia Leading Case right to representationstay of proceedingsmiscarriage of justice

Dietrich v The Queen

[1992] HCA 57; (1992) 177 CLR 292

JurisdictionAustralia

CourtHigh Court of Australia

Year1992

StatusBinding authority

Key Principle

An accused charged with a serious offence has a right to a fair trial; where, through no fault of their own, the accused is unrepresented and cannot obtain representation, the trial judge should ordinarily adjourn, postpone or stay the trial, and proceeding without representation will usually result in an unfair trial requiring the conviction to be quashed.

Area of Law

Criminal Law, Procedure & Evidence

Related Cases

McAuliffe v The Queen [1995] HCA 37; (1995) 183 CLR 108

M v The Queen [1994] HCA 63; (1994) 181 CLR 487

Domican v The Queen [1992] HCA 13; (1992) 173 CLR 555

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