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HSC Legal Studies Exam Thoughts (1 Viewer)

Frostguard

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Yeah I chose 'serious crime' too - I think it was in a past multiple choice paper or something but that Dietrich v Queen established the 'limited' right to legal representation/legal aid especially if there is an injustice likely to occur and in the most serious of crimes like the others have said (oh yeah just remember I lost that mark in my half yearlies) but yeah legal aid i think is more so towards those crimes that are pretty serious
 

SirLaptop

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The legal aid M/C question was really weird. For legal aid to be granted, people must pass the 4 tests, (1) means (2) jurisdiction (3) merits (4) availability of funds. In the Dietrich v The Queen 1992 case, the High Court ruled that in SERIOUS offences a trial could be indefinitely stayed (delayed) until legal representation is available. BUT this doesn't actually mean that committing a more serious offence increases your chance of legal aid - individuals for serious offences must still pass the 4 tests. Interestingly, it was precisely in this Dietrich case that Dietrich was DENIED legal aid because he refused to plead guilty. But I'm not sure if this applies to all cases.

Still torn between 'pleading guilty' and 'serious offence'. Dunno which one's the best answer here. If a more serious offence occurs, the damage to the accused will be greater, increasing their 'merits' component of legal aid, thus increasing their chances. In the same way, Ditriech demonstrates that legal aid can be denied purely on the basis that one refuses to plead guilty.
It is serious offence. Legal aid isn't granted for anyone who has plea bargained because of resource efficiency.
 

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