Australia believes that your rights are protected if you’re on the wrong and right side of the law. However, it wasn’t in the Dietrich v. The Queen (1992) 177 CLR 292 case.
Dietrich was a criminal who had a past of committing many crimes. He had many outstanding warrants in almost all the states in Australia. He was arrested in the 18th of December 1982 in Thailand while trying to conceal heroine which was stored in a condom which he had swallowed. He was arrested and taken to Australia for trial for drug trafficking under the Customs Act 1901 (Cth).
In Australia when you’ve been arrested and have a set trial date you have the exact rights of every person in that court room. However, Dietrich didn’t have his rights protected through the Australian
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If he didn’t, he could have been found guilty and served a much greater prison sentence for all four of the charges brought against him. However, this was averted because he was supplied legal representation that changed the outcome of the case.
Upon Dietrich’s release in 2009, he changed his name to Hugo Rich. He later affected the life of one family for the rest of their lives. He had murdered a security guard in cold blood. This resulted in Olaf Dietrich receiving the life sentence.
This decisions biggest affect was the way the Australian government deals with providing legal aid to any individual who may not have access to legal aid, to people may not be affluent enough or to those who have committed such serious crimes to which legal aid isn’t supplied. The decision also affects the way legal aid works itself and how it works in the Australian legal system. However, the main affect this decision has on today’s society is the way justice must be carried out in the court of law and the way a person’s rights should be protected even if they’re guilty or
Olaf Dietrich, a German born migrant with a history of prior offences as his alias “Hugo rich” found himself face to face with the law after being found guilty for a range of drug related offences. The offender both naive and ignorant to the processes of the law took it upon himself to represent his case alone, a decision he did not expect to be incriminating in the outcome of his final verdict. Olaf Dietrich believed, although much to the dismay of any potential representatives, that he had a high chance in succeeding in his case and refused to plead guilty or believe otherwise. After exhausting all attempts he made to seek legal representation and being forced to then proceed with his trial as a lone representative, it wasn’t until he had
3,546,211 people endured the Holocaust almost 100 years ago. Reinhold Hanning had been just one of the Nazi’s guarding one of the concentration camps. Hanning is pending arrest for his so called “act against the jews.” He should be exempted fully for his crime. No evidence has been found to backup the claim that he had actually murdered someone along with that he had no choice.
This is important because the three men are supposed to have trial with an impartial or trial by their peers and the evidence was gained illegally. This means that the evidence would have been not
The trial of Rudolf Abel and the capturing of Francis Gary Powers, a U.S. spy, was the first of many political conflicts on the way to compromise. In 1957 lawyer James B. Donovan accepted a request to represent Rudolf Abel (Ott “James”). James B. Donovan helped solve the conflict by defending Abel and organizing a trade. Donovan hoped he could turn Abel into a double agent but later his opinion changed. When Donovan met Abel for the first time on August 21 Abel told him he was offered a $10,000 year job and his freedom in the U.S.
This case began in 1963 and ended in 1966 when the Supreme Court ruled that all detained criminal suspects should be informed of their constitutional rights to an attorney and against self incrimination. In this case, the Supreme Court implemented a few of the foundations of democracy to come to a verdict such as the one in this case which was to ensure that the rights of every
There are many reasons that authors sometimes choose specific names for specific characters. Sometimes it is because the meaning of the name has an important significance to the character. Other times it is because they were inspired by an actual person throughout history. Whatever the true reason may be, names often define what we are recognized by. In the historical fiction novel, “Prisoner of Night and Fog” by Anne Blankman, all of the characters have a name that is specific to the character and that has a German origin.
it might be said: I Introduction Under section 75(v) of the Australian Constitution, the High Court has original jurisdiction in all matters ‘in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth.’ Nonetheless, unlike in other overseas jurisdictions, there is currently no basis in the Australian Constitution for the award of damages for constitutional wrongs. There are varying schools of thought on whether damages should be awarded under such circumstances and this essay will seek to explore why the Australian Constitution should be amended to allow for damages to be awarded for constitutional wrongs. The aforementioned argument will be expounded by reference to the works of various
CITIZENSHIP IN THE AGE OF TERROR With the threat of homegrown extremism on the rise, citizenship is entering new and uncharted waters. Long seen as “an extended arm of immigration and border control”, it is now evolving into a “control and punishment measure” to be deployed against those who engage, or threaten to engage, in serious terrorism related activity. This essay addresses whether this evolution is an appropriate response to the challenge of terrorism, and how it should be managed, by examining a recent Australian proposal to strip citizenship from dual national terrorists (the Allegiance Bill).
Millers case made a huge impact on future cases because life without parole at 14 is a harsh punishment even when they committed
Rudolf Vrba was born Topolcany, Czechoslovakia in on September 11, 1924 and lived a normal life until his whole world was turned upside down by the Holocaust. Vrba was a courageous man all throughout his life and that courage continued through the treacherous times of the Holocaust. Vrba wasn’t only a brave man who escaped the Holocaust, rather he was a survivor. He didn’t stop there; he went on to become a medical researcher writing and publishing dozens of papers. He didn’t let Auschwitz get the best of him, he made the best of the situation he was in.
Article 12 of the International Covenant on Civil and Political Rights declares that ‘Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.’ Governments and then subsequently the courts, have a duty to ensure that a person 's freedom of movement is not unjustifiably restricted by others, including persons or companies. This right applies to all persons lawfully within Australian and not just Australian
The Court’s decision on these cases facilitate debate on public issues without a high level
This essay will briefly discuss the role of the jury and how it works, from the principle behind it, to the method with which members are selected, and to the powers available to jurors. Moreover, it will outline advantages and disadvantages of trial by jury, and it will point out a couple of ways which could ameliorate this type of trial. Trial by jury has been a part of the criminal justice system since the 12th century (Davies, 2015), it is considered an ancient right and a symbol of liberty (Hostettler, 2004). It creates no precedent and it can decide challenging cases equitably without making bad law, it also brings members of the public into the administration of justice and into an understanding of legal and human rights (Hostettler,
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