that is precisely the guts of it. In NSW, for example, and in Victoria , too, other states I don't know, but it would be similar, you don't even come close to Legal Aid unless the crime you are charged with has a good chance of resulting in a prison sentence. .
Anything else and one is on one's own.. . it is a rather poor system, it didn't used to be, but it is now.
It is a matter of whether the nuts and bolts of your case can be sustained in a court room, and judged by a jury along with the other set of nuts and bolts the prosecutor presents.
Some leeway is given. Because the State is all powerful, and has all manner of infinite resources, defending oneself , while stark and almost impossible, it isn't unheard of. The law is fair, in this respect.
But once you are in the land of Legal Aid, which is public funds allocated out of State budgets, your case has to be at the very least , presentable, backed by sturdy empirical evidence, not just feelings, or hopes, or wishes.
I suspect Borce's case is damn near watertight, God knows it has taken long enough for every I to be dotted, and every T crossed by the Public Prosecutor.
The people who decide who gets Legal Aid and who doesn't are chosen from the legal profession, overseen by public servants, as it should be, and in a way, yes, one's capacity for extracting a not guilty verdict is adjudged on the probabilities, and on the strength of the Prosecution Case that is presented to the defendant.
It seems unfair, but .. it could be said, that if you are going to go round murdering people, at least have the decency to have a bit tucked away for a very good criminal justice attorney. .. it's the least you can do. Don't expect people like me to happily pay for your day in court, pal.
