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ARTICLE · 19 NOVEMBER 2018

Evidence lost in translation

This case highlights the intricacies and potential issues for experts in translating emoticons, symbols and expressions.

AustraliaLitigation, Mediation & Arbitration
KordaMentha Forensic
KordaMentha Forensic
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In this article, our Forensic team discuss the use of an expert translator in criminal proceedings and highlights the intricacies and potential issues in translating emoticons, symbols and expressions which can be subject to ambiguity and differing interpretations.

R v Yang [2016] WASC 410

"It is not the role of the interpreter or translator to express an opinion about the speaker's or author's state of mind or what it was they were trying to convey (as opposed to what the words actually convey). It is not their role to draw conclusions, let alone speculate, about such matters."

Introduction

Our Forensic team considers the use of an expert translator in the fact-finding process of a criminal prosecution of an offender charged with importing a border-controlled drug into Australia.

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