In McInnis v. R, a majority of the High Court, while conceding that legal representation is desirable, still decided that an accused has no right to have counsel at public expense. Only one justice took the view that the right to counsel was fundamental where serious charges were involved. The New South Wales study examined the impact of legal representation of case outcome. It was found that 52.2 percent of defendants in 1976 were unrepresented. Fifty-two percent of those imprisoned were represented. Over the period 1976 to 1977, the level of representation increased from 47.8 percent to 61.1 percent. In 1977, 76.8 percent of defendants who were imprisoned were represented. The finding that almost 25 percent of those who were imprisoned in 1977 were unrepresented gives cause for concern. There should be a statutory right to legal aid in criminal proceedings, subject to an appropriate means test, or at a minimum, the criteria for the provision of legal aid in criminal proceedings ought to be incorporated in existing legal services commission legislation. Also, there should be legislative recognition of the right of those in custody to consult a lawyer at the earliest possible opportunity. Further, there should be a legislative prohibition on the use of imprisonment where defendants are unrepresented, except in circumstances where the defendant choose to conduct the defense in person or fails to qualify for legal aid on the basis of the means test. Forty-one notes are listed.