LAWS 4006

Week 9 Tut Notes

17/11/16

17.1
20.2
Rule 24 - Integrity of Evidence
"I cannot allow you to mislead the court
Can enter a plea of not guilty.
Prosecution must prove its case
Up to the crown to prove their case
"You cannot mislead or lie to a court"
Might have to leave the case if you can't prove another defence when he's lied
Not advise a court of a confession
You can't mislead as to the evidence
*the court
Part of your obligation to your court is to advise them to the law
Rule 19.6
You must disclose to the court the fact of a confession
As defense, put the crown to proof
Say to jury, must be satisfied beyond reasonable doubt
Can't disclose the fact to court 10 min before you come in that the client confessed.
2.1 Why is the lawyer not continuing to act and has the client agreed for the lawyer not to
continue to act - Rule 13
Must complete the engagement unless those circumstances arrive
Courts concerned unrepresented client might compromise the interests of justice - issue of
whether self-rep person has the skills to amount a defense - might be a defense they don't
know about (a statute of limitations)
I.e - client wants to lead with hearsay evidence - can't do that - judge has to guide the self-rep
guy
2.2 - they can get out of it if the client can sense
2.3 - Defoe - unrep litigant - has a right to a fair trail

LAWS 4006

Week 9 Tut Notes

17/11/16

Right to fair trail

No con law or stat right to have a legal rep
A case will not fail if you are not failed by a lawyer
Case that tells us that is Dietrich v The Queen
1992 177 CLR 192
"Australian law does not recognize that an idnigant accused" - find quote to use in essay
Ask to stay proceedings until I (the client) can get rep as per Dietrich - is what the client
should state at the beginning of the case
2.4 - Don't have to cut him any slack at all
Barristers conduct rules - section 82
(Judge can't get his hands dirty through advocacy)
(Judge can't cross examine)
Bar rules (82, 83, 84, 85)
Prosecutor is not there to secure a conviction at all costs.
There to provide all evidence against accused in fair and impartial way.
Defense counsel still can't mislead but have more wriggle room than prosecutors in terms of
evidence and getting an acquittal
Prosecutors have the full weight of the government behind them, prosecutors have all the
resources of the government and crown whereas defense counsel might not
Also innocent until proven guilty - shouldn't go over the top trying to prove otherwise
2.5 - No, the judge is not obliged - judge must make sure the trial is fair
Family courts for instance, judge can be more proactive in determination of issues
Kenny vs Ritter SA 2009
"it is not part of the role of the judge to become" - find quote to use
Anderson however, takes a more liberal approach
There is no hard and fast rule that the trial judge must rep each litigant.