Sesay v WA

[2007] WASCA 268

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Trial
3. › Right to interpreter
4. › Assessment of accused's English language ability
5. › Whether trial judge's discretion miscarried in refusing interpreter
6. › Whether absence of interpreter caused miscarriage of justice
1. Criminal Law
2. › Trial
3. › Self-defence
4. › Direction to jury
5. › Whether trial judge's comments on evidence of self-defence constituted misdirection
1. Appeal
2. › Criminal appeal
3. › Conviction
4. › Wilful murder
5. › Whether miscarriage of justice
6. › Turns on own facts

Quick Take

Whether an interpreter is required at trial is a matter for the trial judge's assessment, having regard to the issues in the case, whether the accused is represented, and the judge's assessment of the accused's ability to understand and speak English. There is no universal rule or simple test. The standard does not require comprehension of complex legal language; a command of day-to-day English sufficient to follow the evidence and tell one's own story may suffice, particularly where the accused is represented and the trial can be interrupted if comprehension difficulties arise.