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Dietrich v The Queen
''Dietrich v The Queen'' was an important case decided in the High Court of Australia on 13 November 1992. It concerned the nature of the right to a fair trial, and under what circumstances indigent defendants (defendants who cannot afford legal representation) should be provided with legal aid by the state. The case determined that although there is no absolute right to have publicly funded counsel, in most circumstances a judge should grant any request for an adjournment or stay when an accused is unrepresented. It is an important case in Australian criminal law, and also in Australian constitutional law, since it is one of a number of cases in which some members of the High Court have found implied human rights in the Australian Constitution.
==Background to the case==
On 17 December 1986, the accused, a career criminal named Olaf Dietrich (born 1952), flew from Bangkok, Thailand, to Melbourne Airport. He had imported at least seventy grams of heroin, which he concealed within condoms that he had swallowed.〔 He was arrested the next morning by the Australian Federal Police, who searched his flat and found one of the condoms in the kitchen, and some heroin in a plastic bag under a rug in another room.〔 He was taken into custody, and passed the remainder of the condoms during the night at the hospital in Pentridge Prison. Dietrich alleged that the drugs had been planted by the police.〔(【引用サイトリンク】 work = Australasian Legal Information Institute )〕
Dietrich was tried in the County Court of Victoria in 1988 for a trafficking offence under the ''Customs Act 1901'' and certain less serious charges.〔 During the lengthy trial the accused had no legal representation. Although he had applied to the Legal Aid Commission of Victoria for assistance, they said that they would only help him if he pleaded guilty, an option which Dietrich did not want to take. He applied to the Supreme Court of Victoria for legal assistance, but was again turned down. Although Dietrich was acquitted of the fourth charge—regarding the possession of a quantity of heroin separate to that which was involved in the first three charges—he was convicted of the principal charge in the County Court.〔(【引用サイトリンク】 work = Australasian Legal Information Institute ) "After a trial lasting several weeks, Mr Dietrich was convicted on the first charge and, notwithstanding the difficulties inherent in the defence case, acquitted on the fourth. No verdicts were taken on the second and third charges, for ... they were alternative to the first."〕〔 Dietrich brought an appeal in the Supreme Court, but that court refused to hear his appeal. He then sought leave to appeal to the High Court of Australia.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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