This is the trial of Yao Ming who has been charged with the offence of larceny.

He committed the offence

some time ago and a number of stages have already occurred to prepare the case for trial.

A preliminary hearing called a committal was conducted in the Sydney Magistrates Court to determine
whether there was a case to answer. Yao Ming pleaded not guilty and after the Magistrate found that he
had a case to answer Mr Yao elected for a trial by jury (in preference to a trial by Judge alone) in the
District Court.

The District Court is now assembled ready for the trial to commence. A section of the jury pool, known
as the jury panel, is in the public gallery waiting to be empanelled. The witnesses have been advised to
remain outside of the court until called to give evidence.

Before we start, let's quickly go around the court and meet some of the players:

Judge: I am the judge. My responsibility is to keep the court running in a neutral manner
and that all relevant facts are presented realistically to help the jury reach an
impartial decision.

Prosecution: I represent the Director of Public Prosecutions and am a highly skilled lawyer
trained in the art of establishing beyond reasonable doubt that that guy over there
is guilty of the charge. I will call witnesses who will give evidence as to facts that
help prove the elements of the crime.

Defence: I am the defence counsel for Yao. I do not have to say anything if I choose not to,
especially given the tenuous case that the prosecution has. In acting for my client,
I will establish that the prosecution is unable to prove beyond reasonable doubt
the guilt of my client.

Yao Ming: I am the accused and I’m not guilty!

[ Everyone in the court room stands when the Judge enters. The Judge and those at the Bar table bow.
The Judge sits and everyone else follows.]

Judge: Good Morning.

Translator: 早上好

DPP: If it pleases the court, my name is Jaja and I appear for the prosecution.

Translator: 我的名字是家家，我是代表起诉者

Defence Counsel: If it pleases the court, my name is Mandy and I appear for the defence.

Translator: 我的名字是曼迪，代表被告方
Judge: Thank you Counsel. Please read the charge to the accused.
Translator: 谢谢。 请向被告者读出你的控告

[ The accused, Yao Ming, stands in the dock and faces the Bench.]

DPP: Yao Ming, you have been charged under division 5 of the Crimes Act 1900 of
larceny from Grace Brothers East Gardens on Thursday, the 1st of September.
Translator: 耀明，根据澳洲的刑法政策，你将被格瑞丝兄弟百货店涉嫌构成盗

窃犯罪。 

Judge: How do you plead?

Translator: 你认不认罪？ 

Defence Counsel: Not Guilty

Translator: 不认罪.

[ The accused sits down. ]

The accused is entitled to trial by an impartial jury. To achieve this, a jury of at least 12 adults must be
empanelled at the start of the trial. Prospective jurors may be challenged by either party, to allow the
parties some input in the composition of a jury. A judge may excuse a potential juror, based on a number
of criteria, such as knowing parties or witnesses in the case.

Judge: Would the prosecution now read all of the names of the witnesses it will be
calling to give evidence. Would the prospective jurors please listen carefully to
those names and let me know if you have any association with them. If you do,
stand up.

Translator: 请起诉者列出所有证人的名字。请陪审员详细地听这些名字。 如果你

认识名单任何的上的任何一个人，请您站起来。

[DPP turns to Gallery]

DPP: The prosecution will be calling on the evidence from witnesses, Detective Chan
and Policeman Crystal Chan。

Translator:  起诉者会请证人上法庭给他们的证据。

Judge : Do any of the jurors know these witnesses? [look around] Thank you. Does any
juror know anyone else in the court room? [Pause] No, very well. We can
empanel the jury.

Interpreter: 所有预期的陪审员详细地听这些名字。 如果你认识名单上的任何

一个人，请您站起来。 如果没有的话， 陪审团可以坐下。 

The Defence Counsel and Prosecutor can choose to challenge three jurors without giving a reason. After
three of these challenges, the Judge must accept a valid reason for the challenge to exclude the juror. This
procedure is designed to allow the parties to have a role in the composition of the jury to guarantee that a
fair trial occurs.
We will assume that 12 jurors have been successfully empanelled and the trial can continue.

Judge: [facing the jury] Ladies and gentlemen, I would like to thank you for contributing
your valuable time to this important community service. I will ask you to remain
 seated throughout the trial and listen carefully to all of the evidence given by the
witnesses.

Your role is primarily to reach a verdict of guilty or not guilty in relation to the
accused, Yao Ming, based solely on what occurs at this trial. You must not let any
other factors cloud the judgment of your deliberations. If you have any questions
they may be directed to me at the Bench through a foreperson you will select.

Ms Jaja you may now commence your case.

Translator: 我想感谢大家能来到这儿。审判进行时，请大家留在座位，详细

地听所有证据。您的任务就是作出判决。 您不能让其他的因素影响你的判
决。如果您有问题的话您可以通过您选的代表跟我说。家家女士，您可以开
始审判了。

The actual presentation of the competing cases commences with the prosecution giving an opening
address to the jury. Mr/Ms Driver will outline the nature of the offence, the legal elements necessary to
prove guilt and an overview of the evidence the prosecution witnesses' will give to prove guilt. This
presents the jury with a clear overview of the case and what is expected of them at the trial.

DPP: Thank you, your Honor.

It is the prosecutor’s duty to prove that the accused, Yao Ming, committed the
offence of larceny that he is charged with. This burden must be met to a very strict
standard of proof. You, ladies and gentleman of the jury, must decide the facts
and you must be satisfied that the accused is guilty beyond reasonable doubt. If an
element of doubt exists you must find the accused not guilty.

Mr Yao is accused of larceny. A person is accused of larceny when property in

possession of another is taken and carried away without the consent of the owner.
It is also taken with the intention to permanently deprive, without any claim on
the property and is taken fraudulently.

The prosecution will prove that Yao Ming purposely sought to remove the suit
from Grace Brothers in East Garden Shopping Center without the intent to pay on
Thursday September 1st.

Translator: 谢谢，法官。起诉者的任务就是要证明姚明是否有罪。陪审团上的女

士们，先生们，您必须决定事实以及对这些事实没有任何疑问。如果一个人在
没有他人允许之下把他人的物件拿走，这可以判他涉嫌构成盗窃罪。起诉者
会要证明在九月一日，星期四，耀明有意从格瑞丝兄弟百货店带走一套西装。

Detective Chan will give evidence to describe the circumstances leading up to the
arrest. Constable Crystal will provide the evidence of the arrest and the material
confiscated. I will now call Detective Chan as my first witness.

Translator:  现在侦探人 陳小姐会描述逮捕前的情况。接下陳警官会给他的证据

 和没收的物件。现在我会把侦探人陈小姐上法庭。

[DPP: Turn and say call in Private Detective CC Chan]

A court orderly will go outside of the court and summon Ms Simpson to appear before the court as a
witness. Like all witnesses she was not allowed to be in the court until she is called to give evidence.
This procedure is designed to prevent witnesses changing their evidence to suit what has already occurred
at the trial.

FIRST WITNESS - SECURITY GUARD/PRIVATE DETECTIVE EXAMINED BY DPP

Judge: Do you wish to swear by the Bible or by affirmation?

Translator: 你想对圣经发誓还是誓言。

Detective Chan: By the Bible

Translator: 向圣经发誓

Judge: Do you swear that you will tell the truth, the whole truth and nothing but the truth,
so help you God say “I Swear.”

Translator: 您发誓您将讲实情讲实情、整体实情和就实情，因此帮助您上帝说“I Swear.”

Detective Chan: I swear.

Translator: 我发誓。

Judge: Please state your full name.

Translator: 请给您的全名。

Detective Chan: My full name is Private Detective CC Chan

Translator: 我的全名是陈西西。

Judge: Thank you. Please sit down.

Translator: 谢谢。请坐。

The Prosecutor has called the witness to give evidence under oath so that guilt can be determined beyond
reasonable doubt. The Prosecutor will now conduct the examination-in-chief to elicit the evidence. Strict
rules of evidence apply in the adversarial system about the examination of witnesses. Witnesses can only
answer questions put to them by Counsel. When the Prosecutor has finished, the Defence Counsel is
allowed to cross-examine the witness.

DPP: Do you know the accused, Detective Chan?

Translator: 您认识被判者吗？

Detective Chan: No, I don’t sir.

Translator: 我不认识。

DPP: Could you please tell the court where you were on the 1st of September, at 1pm?
Translator: 你能告诉法庭在九月一日您人在那里吗？

Detective Chan: I was working at Grace Brothers in East Garden Shopping Centre.

Translator: 我在东商业区。

DPP: Can you please tell the court how you came to be involved with Grace Brothers?

Translator: 麻烦你告诉大家你和格瑞丝兄弟百货店的关联吗？

Detective Chan: I was employed by Grace Brothers as a security guard.

Translator: 我是格瑞丝兄弟百货店请来当保安人员的。

DPP: Can you tell us how long you have been working at Grace Brothers and what
exactly your job entails?

Translator: 你在格瑞丝兄弟百货店做了多久？ 工作上做什么？

Detective Chan: I have only started working very recently. I was told by Grace Brothers that they
wanted to investigate recent thefts secretly, so I was to do my job as an un-
uniformed detective.

Translator: 我在这里做了差不多一年了。工作的任务是留意任何可疑事.

DPP: In this particular instance, did the accused draw your attention? And do you
remember what time this happened at?

Translator: 被判者是怎样引起你的注意？

Detective Chan: I was on my last round around the shop before my lunch break, and I noticed that
he was taking two rather expensive suits with him to change and was on alert
when he walked back out of the change rooms holding only one suit and wearing
the second one, because of the current rise in thefts occurring at Grace Brothers, it
had raised my awareness. This happened at 1pm.

Translator: 我当时在做我的最后一次巡查，然后发现他带着两件比较贵的西装进

更衣室，但出来的时候身上穿着一套，手里拿着一套，再加上最近偷盗的上，我一
下就感得很警惕。

DPP: How could you be so sure it was at 1pm?

Translator: 你怎么能那么肯定是 下午一点呢？

Detective Chan: I usually have my lunch break at 1pm and I remember that this incident happened
just when I was about to go to my lunch break.

Translator: 我平常的午休时间都是下午一点，我记得这件事发生在我干要上

我午休之前。

DPP: Did you immediately confront the defendant after you noticed him doing
something suspicious?
Translator: 当他引起你的怀疑的时候，你有没有立即去面对他？

Detective Chan: No, It only aroused my suspicion. I am a professional, and I normally keep my
distance until I am sure he or she is about to commit a crime.

Translator: 他只令我怀疑。我是非常专业的，我都会在他犯罪前留一定的距离。

DPP: So you kept your distance. When and where did you stop the accused?

Translator: 那你留了距离。你是在什么时候和在那里停了被判人的？

Detective Chan: When I saw him come back out of the change rooms, he was wearing one of the
suits and carrying one with him. I thought something was wrong with that, as
customers generally take off the items they want to purchase or return. He then
returned the suit he was carrying to the rack, and began walking towards the exit.
At this point, I attempted to stop him for questioning.

Translator: 当我看到他从更衣室穿着西装和手里拿着一条出来的时候。我觉得这

里有点问题，因为客户平常都会先把想买或想退的衣件给脱掉。他把手里拿
着的那套西转带回了架子，然后接着往出口走。在这时候我为了质问，试图停
止他。

DPP: Attempted to? What happened?

Translator: 试图？然后呢？

Detective Chan: As I was calling out, he began running. I immediately paged for assistance, and
my colleague and I caught him to bring him in for questioning.

Translator: 当我呼唤的时候，他就开始跑。我立即叫了助手。我和我的助手抓到

了他质问。

DPP: What happened next?

Translator: 然后呢？

Detective Chan: We took him to our office and had to call the police.

Translator:  我们带他到我们的办公室里， 然后打了电话给警察。

DPP: I understand that the accused felt extremely harassed and mistreated. Do you feel
that you were professional during the arrest?

Translator: 我明白当时被告者感到你虐待了他。你觉得你抓他时有照着保安

人员的原则吗？

Detective Chan: Yes. I am certain that I was polite and professional about it. The suspect began
crying and pleading for us not to call the police, but there was nothing I could do.
It was standard procedure.

Translator: 有。我确定我待他有礼也很专业的。被告者开始哭也求我们别叫警察
 了，但是我们要依照规定， 我不能不通知警察。 

DPP: How can you be so certain? When the accused began crying and pleading, did you
understand what he wanted? What did you do?

Translator: 你确定吗？当被告者哭和求的时候，你能肯定你明白他想要什么吗？

你做了什么？

Detective Chan: I think he wanted to just pay a fine or something, so that police wouldn’t be
called. Unfortunately, that is quite close to bribing a professional to change
regulation, and we simply can’t do that.

Translator: 我想他只想要负罚金，为了不要我们叫警察。但是，这似乎是在贿赂

professional 来更改规定，我们不能这样做。

DPP: I see. I understand you also confiscated the goods from him, as well as seizing his
belongings as evidence?

Translator: 所以你从他的身上没收了物件， 也没收了他的私人物品来当证据?

Detective Chan: I am eager to set a good impression on Grace Bros management in order to
upgrade my job to a more permanent position. As such, I made sure my manner
was prompt, polite and professional. In all cases, it is also part of regulation that
we confiscate the items.

Translator:  我渴望瑞丝兄弟百货店能提升我的职位到一个长期的职位， 所以为了

一个好印象，我在工作上很有专业性， 都准时上班，也对大家都有礼。在任何情
况下，我们也是依照规定没收物件的。 

DPP: Thank you Detective Chan. I have no further questions. That concludes my
examination, Your Honour.

Translator:  谢谢陈保安人员。 法官， 这就结束了我询问。

FIRST WITNESS - SECURITY GUARD/PRIVATE DETECTIVE

EXAMINED BY DEFENCE COUNCIL

Judge: Do you wish to cross-examine Security Guard Chan, Ms Mandy (defence

council)?

Translator:  被告律师， 你要询问陈保安人员吗？

Defence Counsel: Yes your Honour. Security Guard Chan, what did you wear when you were
working at Grace Bros on Thursday the 1st of September?

Translator: 要，法官。陈保安人员，在星期四， 九月一日那天，你在瑞丝兄弟百

货店工作上穿了什么衣物？

Detective Chan: I was wearing a pair of black pants, a shirt and a grey trench coat.

Translator:  我穿了一双黑色裤子，一件衬衫和一件灰色的风衣。
Defence Counsel: At the time when you were working did you carry with you any badges or
identification which showed that you are working for Grace Bros?

Translator:  你在工作时有没有带一些物件能证明你是瑞丝兄弟百货店的人员吗？

Detective Chan: No I did not, as I am working undercover, I did not wear anything that would
reveal my identity.

Translator: 没有，我是做密探工作的。我没有穿或带任何可以揭穿身份的东西。

Defence Counsel: So a reasonable person would not have known that you were working for Grace
Bros， is that correct?

Translator:　 所以如果以一个正常人的立场，　他们是不会知道你是瑞丝兄弟百货店的人员？

DPP: OBJECTION! The witness has clearly stated that she was undercover, for
purposes such that a reasonable person would not know she was working for
Grace Bros. It would defeat the security advantages of undercover if a reasonable
person could tell she was working for Grace Bros.

Translator:　 我反对。　陈保安人员已经说他是当密探的。所以，一个正常的人是不会知道
他是瑞丝兄弟百货店的人员。　如果可以的话，　当密探的优势就没有了。

Judge: I'll allow the question.

Translator:　 我会让这个问题。

Defence Counsel: Is your answer Yes or No?

Translator:　 你的回答是　‘会知道‘　还是　‘不会知道’？

Detective Chan: ......No

Translator:　 ‘不会知道’

Defence Counsel: What was the defendant doing when you saw him?

Translator:　 当时你看到被告者的时候，他在做什么？

Detective Chan: He was standing near a rack with the suit on and walking towards the exit.

Translator:　 他穿着一套店里的西装在衣架的附近，正往出口走去。

Defence Counsel: So you stopped him inside the store?

Translator:　 所以，你叫被告者停下的时候在店内里？

Detective Chan: I stopped him a bit further from the rack where he hung the  other suit back on.

Translator:　 在离他把另一套西装放回衣架的不远处叫他停下来。

Defence Counsel: What made you think that he was going to steal the suit?

Translator:　 什么让你觉得他是要偷这套西装的？

Detective Chan: He was wearing it and walking towards the exit.

Translator:　 他身上穿了这套西装，也在往出口走。

Defence Counsel: Could you recount what happened at that moment?

Translator: 你可以把情况的过程说一遍吗？

Detective Chan: I said to him that he is wearing a suit that he had not paid for and he needed to
take it off before exiting the store. He looked at me and said something in another
language then started to run for the exit, I ran up to him and stopped him and held
him down to the ground.

Translator:　 我对他说他身上穿了一套还没付费的西装，他需要在离开店里之前

把它脱掉。他望着我说了几句我不明白的语言，然后往出口跑。我追到他时，
把他抓倒在地上。

Defence Counsel: Did you reveal your identity to him when you approached him?

Translator:  你接近他的时候有没有对他说是谁？

Detective Chan: Yes I did, but he said something to me in another language and started to walk
away.

Translator:  有。但是他用了另一个语言对我说了几句话， 然后准备走开。

Defence Counsel: So you made an assumption that the defendant was intending to steal the suit
based upon the fact that he was wearing it inside the store? Is that Correct, Yes or
No?

Translator:  所以你推测被告者是否在偷西装的原因是他在店内里穿了这套西装？ 

对不对？

Detective Chan: No, it was not an assumption. He was walking to the exit with the suit on.

Translator:  不是，不是一个猜测。他穿着西装往出口走。 

Defence Counsel: I have no further questions, your Honour.

Translator: 法官，我没有其他询问了。

If he wishes to do so, the Prosecutor can now re-examine the witness to try to re-establish the credibility
of the witness and to correct any misconceptions created in the minds of the jury by the cross-
examination.

Judge: Thank you Security Guard Chan. You may now step down and leave the witness
box.

Translator:  陈保安人员，谢谢你。你可以离开证人席了。

SECOND WITNESS - POLICE OFFICER

EXAMINED BY DPP

DPP: I will now call my second witness, Officer Crystal.

[Officer Crystal is summoned from a waiting room outside the court room and takes her place in the
witness box]

Translator:  我现在请陈克瑞斯图警员上法庭。

Judge: Do you wish to swear by the Bible or by affirmation?

Translator: 你想对圣经发誓还是誓言。

Officer Crystal: By affirmation.

Translator: 誓言

Judge: Please state your full name.

Translator: 请说出你的全名。

Officer Crystal: Officer Crystal Chan.

Translator: 陈克瑞斯图警员

Judge: Thank you. You may now be seated.

Translator: 谢谢，请坐。

DPP: When did you arrive on the scene?

Translator: 你是什么时间到达案件现场的？

Officer Crystal: When I arrived the defendant was handcuffed to a door.

Translator: 我到达的时候被告是被手扣扣在门上

DPP:   What was reported to you?

Translator: 他们对你汇报了什么？

Officer Crystal: There was already a statement provided by Private Detective Chan and signed by
the defendant.

Translator: 陈探员已经准备好了一份已经由被告签名的口供。

DPP: To be clear, when you arrived, the statement had already been signed, so under
the law, you had to make the arrest?

Translator: 我确认一下，你到达的时候，口供已经被被告签名，所以法规上，

你是要拘捕被告是吗？

Officer Crystal: Yes, that is correct.

Translator:  是。

DPP: Nothing further, your Honour.

Translator:  没有其他询问了，法官大人。
SECOND WITNESS - POLICE OFFICER
EXAMINED BY DEFENSE COUNCIL

Judge: Do you wish cross-examine the witness, Defense Counsel?

Translator: 被告律师， 你要询问陈保安人员吗？

Defence Counsel: Yes, your honour. What type of door was the defendant handcuffed to, Officer
Crystal?

Translator:  要，法官大人。 陈克瑞斯图警员， 被告者被扣在什么门上？

Officer Crystal: He was handcuffed to the toilet door.

Translator:  他被扣在洗手间门的把柄。

Defence Counsel: Did you know that it is an offence? A breach of the defendants rights?

Translator:  你知不知道这是违法的行为吗？违犯了被告者的私人权利。

Officer Crystal: yes, however there was a statement already provided by Security guard Chan, so I
just arrested Yao Ming and detained him at the police station.

Translator:  知道，但是陈探员已经准备好了一份被告的口供。 所以我把耀明

拘捕了， 拘留在警察局。

Defence Counsel: Did you realise that Mr. Yao Ming was not able to speak english?

Translator:  你有没有发现耀明先生不能讲英文的吗？

Officer Crystal: yes, when i tried to question him, it was made apparent that he was unable to
speak English.

Translator:  有，当我在质问他时，发现他不能讲英文。

Defence Counsel: No more questions, Your Honour.

Translator:  没有其他问题了，法官大人。

Judge: Ms Jaja, do you wish to reexamine the witness?

Translator: 家家小姐，你想在重新审视证人吗？

DPP: No, Your Honour. That concludes the Prosecutions case, Your Honour

Translator: 不，我们以完毕起诉案件

Judge: Thank you for your time, Officer Crystal. You may step down from the witness
box.

Translator: 谢谢。Chan 警官。您可以离开证人席。

Judge: Ms Mandy (defence council), are you ready to commence the defence’s case?

Translator: 曼迪小姐，你准备好被告的案件了吗？
Defence Counsel: Yes, Your Honour. I would like to call the accused, Yao Ming, as my witness.

Translator: 准备了，我想叫上被告人姚明为证人。

[Sheriff] officer directs the accused to move from the accused dock to the witness stand. The officer sits
outside the witness box, near the accused]

Judge: Mr Yao Ming, do you wish to swear by the Bible or by affirmation?

Interpreter: 你想对圣经发誓还是誓言。

Defendant: 圣经.

Interpreter: Bible.

Judge: Do you swear to tell the truth, the whole truth and nothing but the truth, so help
you God? Say “I swear”.

Interpreter: 您发誓您将讲实情、整体实情和就实情，因此帮助您上帝说“I Swear.”

Defendant: 我发誓.

Interpreter: I swear.

Judge: Please state your full name.

Interpreter: 请说出你的全名。

Defendant: 我叫姚明.

Interpreter: My name is Yao Ming.

Judge: You may be seated.

Interpreter: 请坐

The Defence Counsel is not compelled to give an opening address. In fact, the defence does not have to
call any witnesses at all. The defence case may rely entirely on rigorous cross-examination of the
prosecution's witnesses.

The Prosecution has the onus of proof to prove the charge beyond reasonable doubt.

In this trial the defence is only going to call one witness, the accused Yao Ming. He cannot be forced to
give evidence but has chosen to do so. He will be examined by his Counsel, cross-examined by the
Prosecution and, if necessary, re-examined by his own Counsel.
Defence Counsel: Mr Yao Ming, where were you on Thursday the 1st of September at 1pm?

Defendant: 我在 East garden 商场里的格瑞士兄弟百货公司

Interpreter: I was in Grace Bros. at East Garden Shopping Centre.

Defence Counsel: What were you doing at the Grace Bros.

Interpreter: 你为什么去格瑞斯兄弟百货？

Defendant: 我想买一套非垃圾毛的西装，知道格瑞斯有， 所以就去买。
Interpreter: I wanted to purchase a Ferragamo Suit and knew that Grace Bros sold them, so I
was there.

Defence Counsel: Why where you still wearing one of the suits when you came out of the change
rooms?

Interpreter： 为什么你在更衣室出来的时候还穿这一套西装？

Defendant: 因为我喜欢穿着的那一套西装，想看自己穿着西装整体的膜样，所以

就走到更衣室外面的大镜子照自己，而顺便拿回不合身的西装到架子去

Interpreter:   I liked the one I was wearing more so I decided to have a full view of myself
wearing the suit in the large mirrors outside the change rooms and returned the
unsuitable suit to the rack.

Defence Counsel: What time was it & why do you remember so clearly?

Interpreter： 那时是什么时间？为什么你记得那么清楚呢？

Defendant: 是中午，我记得因为我和我的女朋友刚准备见面，一起吃中饭。

Interpreter： It was about lunch time, I remember because I was going to meet my girlfriend for
lunch.

Defence Counsel: When the Detective approached you, did you know who he was?

Interpreter: 当私家侦探接近你的时候，你知道他是谁吗？

Defendant: 我不知道，他没穿制服，没有名牌，我还以为是小偷。

Interpreter: No I did not, he wasn’t wearing a uniform nor did he have a name pin, I thought
he was a pickpocket.

Defence Counsel:   What happened when the private detective approached you when you came out of
the change room?

Interpreter: 你从更衣室出来后，私家侦探靠近你的时候发生了什么事？

Defendant: 他很粗暴, 骂我，样子凶的想打我一羊多我说了几句话，我不懂英文，

不知道他对我说什么，我就想逃跑避开他。

Interpreter: He acted very roughly, yelling at me and he looked very angry, as if he was about
to hit me and said some words to me, I don’t understand English and I didn’t
understand what he said, so I turned around and tried to get away from him.

Defence Counsel: Is that why you ran towards the exit? Not because you wanted to steal anything,
but because you were afraid for your own safety?

Interpreter: 你是否因为这样才向出口的方向走？不是因为想偷东西，而是为了

自己的人生安全？

Defendant: 是的。我还怕他想伤害我，所以我想出口逃跑，我没有偷西装的念头
 ，还打算回去更衣室把西装脱掉。

Interpreter: yes. I was afraid that he was going to hurt me, so I panicked and ran towards the
store exit, I had no intention of stealing the suit, I was about to go back into the
change room to take it off.

Defence Counsel: What happened after you were caught by the Private Detective?

Interpreter: 你被捕的时候发生了什么事？

Defendant: 他很凶恶，很大力地用手拉住我，然后把我压到地上, 我一点反抗力都没有，然

后就把我拉到办公室去，还逼我说我不想说的话。

Interpreter:  He was very fierce, grabbed onto my arm, and forcefully held me down to the
ground, I had no way of retaliating. He then pulled me into an office and forced
me to say things I didn’t want to say.

Defence Counsel:  How did he force you to say things you didn't want to say?

Interpreter:  他怎样逼你说不想说的话？

Defendant: 他把我扣在卫生间的门手。说了很多我不明白的英文， 好像要我在一

张纸上签名，我害怕他会伤害我， 也觉得被扣在卫生间门上非常丢脸，所以签了
名，以为这样他就不会再把我扣在那。

Interpreter: He cuffed me to the toilet door, said a lot of words in English that I didn’t
understand, it seemed like he wanted me to sign my name on a piece of paper. I
was scared that he would hurt me and I thought that being cuffed to a toilet door
was very embarrassing so I signed the paper thinking that he would un-cuff me.

Defence Counsel: Did you know that you were being charged of theft?

Interpreter: 你是否知道你被控告盗窃罪？

Defendant: 不知道，直到看到一个穿着警察服的人， 才发现我被控告盗窃。

Interpreter: No, I did not know until I saw a man wearing a police uniform, it was then that I
realised that I was being charged of theft.

Defence Counsel: No more questions, Your Honour.

Interpreter: 我没有问题了法官大人。

Judge: Do you wish to cross-examine the defendant, Director of Public Prosecutions?

Interpreter: 检控官 像盘问被告吗？

DPP: Yes, your honour. [to Defendant]. Do you understand that you are not allowed to
walk out of the store with one of the items without first paying?

Interpreter: 是的法官大人，姚明先生，你知不知道，在没付钱的情况下离开商店

是不可以的？
Defendant:  我知道没付钱，是不可以离开商店，但是我不是想偷西装, 我以为我会被它伤害
所以才开始跑。

Interpreter: I know I am not allowed to walk out of the store with the goods on me without
paying, but I wasn’t going to steal the suit. I thought I was going to be assaulted,
so I began running away.

DPP: Why did you not call out for help if you thought the detective was going to assault
you? Surely, a reasonable person would try to attract attention when he believes
he is going to be assault.

Interpreter: 如果你觉得那个侦探想伤害你，为什么你没有叫人帮你？任何一个人

在危险情况下肯定会引起别人的注意的。

Defendant： 当我看见一个态度凶狠的人近我的时候，我恐慌起来就开始跑了。

Interpreter: I panicked when I saw this man approaching me in such an aggressive manner, so
I just started running.

DPP: So you panicked. Given the circumstances, instead of running back into the store
where there are security guards and store clerks, you decided to run out whilst
wearing the suit?

Interpreter:  你感到惊慌... 。在这样的情况下，你决定穿着西装往出口走， 

而不是去找店里的保安人员或者店员？

Defendant: 像我之前说的。我忘了身上那件西装。我只想跑掉

Interpreter: Like I said before, I didn’t know I had the suit on. I was just trying to get away.

DPP: How convenient. You forgot you had it on. Many other shoplifters use this
technique, did you know that? The first excuse that every shoplifter comes up
with is that they ‘forgot’ they were wearing an item, and simply walked out of the
store. The point is, you did run out with the suit on, correct? Answer yes or no.

Interpreter: 如此方便。你忘了身上那件西装.很多窃贼都用这个手段，你知道吗？

每个窃贼的第一个借口都是“忘了“ 他们身上的物件，走出店门。

说到底，你是穿着西装跑出去的，对不对？回答是还是不是。

Defendant: 是

Interpreter: ...yes

DPP: I see. Now, I’d like to address the issue that the Detective was very rough. He is
insistent on the fact that he was very polite and professional. Are there any
witnesses who saw him forcefully hold you down and take you in for questioning?

Interpreter: 我现在想把注意力放在查探粗鲁的行为。他很坚持的肯定他非常文雅

和专业。能不能有没有证人看到他强有力地把你抓住，带你去询问吗?
Defendant:  没有

Interpreter: No

DPP: I see. It seems a little incredible that someone could force you onto the ground and
nobody else saw, doesn’t it?

Interpreter: 这难道有一点不可思议吗？

Defense counsel: Objection! Your honour, the prosecution is making assumptions about the
circumstances of the arrest.

Interpreter: 我反对！长官大人，起诉者现在是在制作事件的情节。

Judge: Sustained.

Interpreter: 持续

DPP: The Detective is very passionate about keeping his job and getting promoted. It
seems fairly unlikely that he would cuff you to the toilet door, as that is surely
against regulation. In his cross-examination, the Detective was very adamant that
he kept his manner polite. Perhaps, you are over exaggerating the circumstances
because you feel like your rights have been violated or you feel that this is unfair
treatment?

Interpreter: 查探是十分想留住他的职位和晋升。我觉得他会把你锁在洗手间的门

上是比较不可能的。这肯定是违反政策的。在盘问的时候，查探是非常坚硬
的说他对你很有礼貌。您会不会是因为你觉得他对你有所不公平所以说的夸
张一点了？

Defendant: 我那天觉得很委屈因为这件事使得我错过了我和朋友的约会。查探很

凶恶地对待我。我后来签了名已为这样他就可以走。

Interpreter: I was very upset on the day because this incident made me miss lunch with my
friend. The detective treated me very badly and I ended up signing a paper
because I thought it would get him to leave me alone.

DPP: I understand that when you were with the detective, he got a male colleague to
help him with the arrest. Yet you did not mention that there were two men in your
plead. Moreover, your recount of your arrest clashes with the Detective’s. Are you
certain you did not understand what the papers were at first?

Interpreter: 我理解当你和查探在一起的是后，他叫了已为助手帮他。但在您的辩

护里根本没有提到那是有两个人。 此外，你对此事的描述跟查探的不一样。
你能坑定你不知道纸上写的东西吗？

Defendant: 是的。我不知道纸上写了什么。只到警察来到的时候我才理解。

Interpreter: Yes, I didn’t know what the papers were. I only realised when the policeman
came.
DPP: I see. Did you plead and beg with the Detective not to call police, and simply pay
a fine? Do you realise that by saying such a thing, you are admitting to stealing
the item?

Interpreter: 你有没有想查探请求不要叫警察，就付个罚款费就行了吗？

你知不知道这样你就承认你偷了物件了吗？

Defendant: 是的，我不想有犯罪记录。我只想离开那儿。

Interpreter: Yes, I didn’t want a criminal record, I just wanted to get out of there.

DPP: Nothing further, Your Honour.

Interpreter: 没有其他询问了，法官大人。

Judge:   Ms Mandy, do you wish to question the defendant again?

Interpreter:  被告律师， 你有没有其他疑问要向被告者问？

Defence Counsel: No more questions, Your Honour. That concludes the case for the defence.

Interpreter:  没有了，法官大人。我在此结束辩护的讼案。 

[Sheriff Officer escorts the witness back to the dock]

Both parties can now present their closing addresses to the jury. They will sum up their cases in law and
fact to assist the jury to deliver the verdict they want. Then, the Judge will sum up the law to the jury and
ask it to retire to consider its verdict.

Judge: Thank you, Ms Mandy. Are you prepared to give your closing address?

Interpreter: 谢谢被告律师。 你的闭幕词准备好了吗？

Defence Counsel: Ladies and gentleman of the jury, let me commence by painting a picture of my
client, Mr Yao. A Chinese tourist, with little knowledge of English,was simply
minding his own business, whilst waiting to meet his girlfriend for lunch.

Interpreter:  女士们，先生们，姚明先生是一位从中国来的旅游客，对英文的

知识很少，他只在等待和女朋友吃午饭。

Defence Counsel: Might I remind you that the prosecution has the burden to prove guilt beyond
reasonable doubt. It there is any element of doubt regarding Mr Yao’s guilt, he
must be given that benefit of doubt and you have an obligation to deliver a verdict
of not guilty.

Interpreter: 容许我提醒您们，检控方的责任是需要在一个完全排除任何怀疑的情

况下检控被告。 如果本案对被告的罪行还有疑点的话，

在这个情况下，利益归于被告。

The prosecution has been unable to prove the main element of the offence of
larceny. Mr Yao had no intent to steal the suit. He was frightened by the Private
 Detective, and, being from a country of high crime rate, it is part of a reasonable
person’s natural instinct to run, when a stranger approaches with what appears to
be an intent to harm.

检控方未能证明盗窃罪最需要的因数。被告没有盗窃的企图。并且从一个犯
罪率很高的国家，碰到一个有企图伤害的陌生人时，自然反应也就是跑。

There has been no larceny as Mr Yao had no intention to steal, and was forced,
against his will, to sign a statement. These false allegations have caused my client
to feel deeply harassed and embarrassed.

本案中的盗窃罪不成立因为被告没有偷窃的企图，也在强迫和违背自己意愿
的情况下在口供上签了名。这些诬告使被告受到骚扰和尴尬。

Ladies and gentlemen of the jury, I ask you to discount completely the evidence
of the Private Detective. It is evident that the Detective was working extremely
hard to get that promotion he wants. He simply wants to prosecute to improve his
job prospects.

女士们，先生们， 我请你不要考虑侦探给的供词，很明显这名侦探很用功地升职
位，指控只不过是为了把自己的俜请率提升。

Clearly the prosecution has not proven its case and I ask you to find the accused
not guilty.
That concludes my closing address, Your Honour

控方很明显没有证明到被告的罪，我请陪审团宣布被告无罪。
法官大人，我在此结束了我的闭幕词。

Judge: DPP, are you ready for your closing address?

Interpreter: 起诉者，你的闭幕词准备好了吗？

DPP: This case isn’t about whether the defendant could speak English. It isn’t about
judging him differently as a tourist than as an Australian citizen. This case is
about a man who ran from a detective wearing a suit that he didn’t own.

这件案子不只是关于被告者能否说英文，也不是因为他是游客而不是澳洲公
民所以做出不一样的审判。案子的关键是跟一个为了逃避私家侦探而穿着不
属于自己的西装逃走的被告。

Ladies and Gentleman of the jury, I ask you to consider carefully the
circumstances and evidence presented to you. Consider the fact that the defendant
conveniently forgot he was wearing a suit as he ran away. Consider that his
statement contradicts the evidence given by the Detective. Think carefully about
what this case is about. Larceny is an act that involves taking someone else’s
possession with the intention of keeping it. This, ladies and gentlemen, is the
crucial element of this crime.
 先生们，小姐们，我请您们细心考虑案子里的情况和你今天所看到的证据。 考
虑被告巧合地为了逃跑而忘了自己身穿着一套非垃圾毛西装。考虑一下他的
证供跟侦探证供的差别。细心想到底这件案子是什么。盗窃涉及到有企图地
夺取别人的财产留为己有。先生小姐们，这就是这件案子关键的一点。

As Mr Yao said under oath, he did in fact run out of the store wearing the suit. His
subsequent arrest was as a result of this action, and he signed a statement
declaring himself as guilty. These elements clearly constitute the intent to take
fraudulently, an item which does not belong to him, which satisfies the outline of
offence of larceny under my opening address.

姚明先生在宣誓过的情况下说过他的确是穿着西装跑出百货店外, 由于这样
而导致他被拘捕，然后签了报告证明了他的罪。这些原理很清楚的包含了他
是故意偷一件不属于自己的东西，满足了我的开幕词中对盗窃犯罪的轮廓。

Both prosecution witnesses have testified under oath that the accused clearly had
intent to steal the suit, by running away, by his actions and by signing the
statement. The accused clearly had intent to steal the suit, as well as using false
allegations to collapse the credibility of prosecution witnesses. The excuse that he
was scared of being attacked is clearly an excuse dreamed up by the accused to
explain why he had the suit on and ran away.

两个控方证人都在宣誓作证下证明被告显然有故意偷那套西装，从他逃跑，签
字，等行为。

Ladies and gentlemen, you should find the accused guilty as charged. This
concludes my closing statement.

Interpreter: 愿你能对被告人的罪名成立，这就结束了我的诉讼。

Judge: That concludes the cases for the prosecution and defence. It is now my
responsibility to sum up the case.

这就结束了这等诉讼。现在由我来总结这次的案件。

You, as the jury, are ultimately in charge of the facts. Anything I say is to assist
you. You may disagree with me. You are however bound by what I say is the law.
You are charged with the responsibility of determining the guilt of the accused.
You must weigh up the conflicting evidence presented by the three witnesses,
decide which facts you find proven beyond reasonable doubt if any, and reach a
verdict of guilty or not guilty.

陪审团， 是由你们来判断案子的事实。 我所说的是协助你们，你们能有不同的

意见。但是，你们必须以我所说的法律范围之内以及三位证人的证词来判断
被告者是否有罪在身。在判罪的时候不能有一点的疑问。
 The case in many regards is a simple one. There is little contention that Mr Yao
Ming did put on a suit and walk towards the exit at Grace Bros East Gardens on
September 1st. On his own evidence, Mr Yao Ming left a suit on and walked
towards the exit. He also signed a confession to larceny. I direct you that if you
find he did take a suit that this is sufficient to satisfy the physical element of the
offence of larceny. It seems to me the real issue in this case is whether you can be
satisfied beyond reasonable doubt that Mr Yao Ming intended to steal the suit.
This is the mental element required.  

这件案子非常简单。在九月一日，耀明也不否认他当时在格瑞丝兄弟百货店
穿着西装往出口走。他也签了口供认了成盗之罪。 也不能否认西装符合了
成盗物件上的规律。但是重点是你们能在没有一点疑问下确定耀明先生是故
意拿走西装的吗?

To be satisfied of this you will need to consider the conflicting claims of Mr Yao
Ming and Detective Chan about the reason for him attempting to exit the store
with the suit.

所以，你们必须仔细考虑耀明先生与陈侦探互相对立的证言。判断耀明先生
为何穿着西装离开店。

You will need to exclude as a possibility that Mr Yao Ming misunderstood the
questions put to him by Detective Chan and attempted to exit the store in fear of
the Detective in order to find him guilty. This will require consideration of the
issue about the language barriers present and Mr Yao Ming’s claim of innocence,
as well as his claim about believing that he was going to be harmed by Detective
Chan.

如果要判耀明先生有罪，你们需要排除耀明先生走出店的原因是为了探员带
来的恐惧。 所以你们必须考虑当时语言上的妨碍，也得考虑耀明先生所说的
证言。他说他是怕陈侦探会对他不利。

In many respects your decision will depend upon your view of the credibility of
the conflicting witnesses and the inherent plausibility of the stories they told.

在许多方面上，你们的决定是靠于证人的信誉， 也判他们的证言有没有信之
处。

I now ask you to retire to reach a verdict.

陪审团的全体成员，你们现在必须退下去考虑应如何裁决。

The jury retires to a special jury room where the jurors must immediately discuss the case and reach a
verdict. The verdict can be unanimous or by a majority provided at least four hours deliberation have
occurred. A valid majority verdict would be 10-2 or 11-1 if 12 jurors were present.
In the event that a statutory verdict cannot be reached a hung jury verdict will be delivered to the judge
who will declare a mistrial. The Director of Public Prosecutions will decide whether a new trial is
warranted.
If the accused is found guilty he will be convicted and the Judge will decide on whether his is to be
remanded in custody before setting a penalty. If a custodial sentence is likely then the Judge will
probably refuse bail and order Mr Yao to be held in custody to await sentencing.
If the accused is found not guilty, the Judge will release Mr Yao, who can walk free from the courtroom,
and the principle of double jeopardy will apply. This means Mr Yao cannot be tried for the same offence
again. For the purpose of this exercise we will assume the jury has been deliberating for more than 4
hours.

Judge: Members of the jury, have you reached a unanimous verdict?

Interpreter: 陪审团的全体成员, 你们来到了一致裁决了吗?

Jury Foreman: Yes, your honour.

Interpreter: 有了，法官大人。

Judge: What say you?

Interpreter:　 你们如何决定？　

Jury Foreman: We, the jury, find that the defendant is not guilty

Interpreter:　 我们，陪审团，一致裁定被告罪名不成立 。

Judge: The accused is to be released. Thank you ladies and gentlemen of the jury for your
careful deliberations. You are free to go. The court is adjourned.

Interpreter:　 被告无罪释放  谢谢 陪审团。 退庭 。