49/1998
PARTIES: R
v
PIRIMONA, Lawrence Stewart
TITLE OF COURT: SUPREME COURT OF TASMANIA
JURISDICTION: ORIGINAL
FILE NO/S: 164/1997
DELIVERED: 4 May 1998
HEARING DATE/S: 27 April 1998
JUDGMENT OF: Slicer J
CATCHWORDS:
Legal Aid - Legal assistance schemes - Generally - Governing principles - Criminal proceedings - Serious offences - Inability to obtain legal representation.
Dietrich v R (1992) 177 CLR 292, applied.
Connolly v DPP [1964] AC 1254; R v Souter (1997) 93 A Crim R 400, Attorney-General for New South Wales v Milat (1995) 37 NSWLR 370, R v Fuller (1997) 69 SASR 251, referred to.
R v Rowbotham (1988) 41 CCC (3d) 1; R v Sechon (1996) 104 CCC 554, approved.
Aust Dig Legal Aid [1]
REPRESENTATION:
Counsel:
Applicant: A R McKee
Respondent: D J Bugg QC
Solicitors:
Appellant: Gunson Pickard and Hann
Respondent: Director of Public Prosecutions
Judgment category classification:
Court Computer Code:
Judgment ID Number: 49/1998
Number of pages: 12
Serial No 49/1998
File No 164/1997
THE QUEEN v LAWRENCE STEWART PIRIMONA
REASONS FOR JUDGMENT SLICER J
4 May 1998
The applicant seeks a stay of proceedings which were instituted by an indictment alleging commission of the crime of receiving, contrary to the Criminal Code, s258. The application is based on the contention that, absent legal representation, the applicant will be unable to obtain a fair trial in accordance with the principles stated by the High Court in Dietrich v R (1992) 177 CLR 292. It is accepted by the Crown that the applicant is indigent, has taken all reasonable steps to obtain legal representation and will be without representation on the trial. The applicant was represented by counsel for the purpose of applying for stay, but such representation was limited to this application.
Stay of Proceedings
Much political criticism has been directed at the judicial system for its implementation of the principles stated by the High Court in Dietrich v R (supra). Some claim the decision to be an example of judicial activism and an irresponsible usurpation of the legislative functions of Parliament. The decision is said to impose an economic impost on the state without regard to economic consequence. The criticisms, usually emanating from members of the executive arm of government, ignore some simple propositions. As society becomes more and more complex, parliaments pass more voluminous and complex laws to meet the needs of that society. Those with resources are able to test the boundaries of legislative enactment, leading to further responses which apply equally to those without resource. Yet we hold as a shared value that all are equal before the law. Without drifting into romantic idyll, courts are required to attempt, as best they are able, to give effect to that shared value, and if not so able, to admit it to be a sham. Parliaments may alter their legislative approach, or enact laws seeking to alter that shared value. However, absent such action, the courts are required to give effect to a central…
Keep reading for free
Create a free CaseChat account to read R v Pirimona, Lawrence Stewart and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [1998] TASSC 49
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.