Gaio v The Queen [1960] HCA 70

Gaio v The Queen [1960] HCA 70

By majority, the patrol officer's evidence was admissible because the interpreter was called and swore that he truly translated everything said between the officer and the appellant. The translation was treated as an integral part of one conversation between the officer and the appellant, not as a separate hearsay narrative by the interpreter, so the officer could give evidence of the English version of the appellant's confession.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal Against Conviction on Indictment for Murder / Appeal by Leave to the High Court of Australia From a Conviction in the Supreme Court of the Territory of Papua and New Guinea
Outcome
appeal dismissed
Legal Topics
['murder Conviction' 'confessional Evidence' 'hearsay' 'interpreter Evidence' 'admissions' 'common Law Evidence']
['criminal Law' 'evidence' 'criminal Procedure'] ['murder Conviction' 'confessional Evidence' 'hearsay' 'interpreter Evidence' 'admissions' 'common Law Evidence']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction on Indictment for Murder / Appeal by Leave to the High Court of Australia From a Conviction in the Supreme Court of the Territory of Papua and New Guinea

Legal Issues

  1. 1 ['Whether evidence given by a patrol officer of an alleged confession made through an interpreter was inadmissible hearsay.' "Whether the interpreter's sworn evidence that he accurately translated everything said was sufficient to allow the patrol officer to give evidence of the conversation." "Whether the interpreter could be treated as the appellant's agent for the purpose of making admissions."]

Ratio Decidendi

By majority, the patrol officer's evidence was admissible because the interpreter was called and swore that he truly translated everything said between the officer and the appellant. The translation was treated as an integral part of one conversation between the officer and the appellant, not as a separate hearsay narrative by the interpreter, so the officer could give evidence of the English version of the appellant's confession.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed.']