The 'triable issue' test previously applied in the County Court as a prerequisite to ordering legal assistance under s 360A of the Crimes Act 1958 (Vic) is rejected. Applications under s 360A must be approached on the footing that in all but a most exceptional case, legal representation may possibly affect the result of a trial, and it is for the judge to consider whether the presumption that a fair trial requires representation has been displaced, not for the applicant to raise a triable issue. Section 360A is constitutionally valid in its application to State offences.
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