Dietrich V The Queen - Judgment

Judgment

The majority in the High Court decided that although there was no right at common law to have publicly provided legal representation in all cases, in some cases representation is appropriate to ensure a fair trial. Although judges no longer have the power to appoint counsel for an accused, since that function has been largely taken over by legal aid agencies, a trial judge should use their power to adjourn a case if it is in the interests of fairness that an accused have representation, which would encourage the legal aid agencies to provide counsel.

Two of the judges, Justice Deane and Justice Gaudron, went further and suggested that the right to representation in some circumstances is founded in the Constitution. They said that Chapter Three of the Constitution, which represents the Judicature with the notion of separation of powers, and vests judicial power exclusively in the courts, requires that judicial process and fairness be observed.

Another two judges, Justice Brennan and Justice Dawson, dissented, Justice Brennan arguing that it would not be proper for judges to use their power to adjourn trials to put pressure on the various legal aid agencies to change their decisions.

As a result of the majority decision, the court ordered that the application to appeal be granted, that the conviction be quashed, and that there be a new trial.