Bulejcik v The Queen

The applicant, Bulejcik, appealed to the High Court of Australia against his conviction for armed robbery. The central dispute concerned the admissibility and use of a tape recording of an unsworn statement made by the applicant, which was played to the jury after the trial judge's summing up had concluded.

The High Court was required to determine whether the tape recording constituted voice comparison or voice identification evidence, and whether it had been improperly used as material not admitted into evidence. Further issues included whether the quality and quantity of the recorded material were adequate for comparison, whether the trial judge provided sufficient warnings to the jury regarding its permitted use, and the risk of the tape being treated as "real evidence" rather than for the limited purpose of voice comparison. The court also considered whether playing the tape after the summing up amounted to a procedural irregularity.

The High Court held that the tape recording was not admitted into evidence and was played solely for the purpose of voice comparison. The judges reasoned that the trial judge's directions to the jury were crucial in mitigating the risk of the tape being misused. They found that while the quality of the recording was not ideal, it was sufficient for the limited purpose of comparison. The court emphasised that the jury was repeatedly warned not to treat the tape as evidence of guilt but only as material for comparing the applicant's voice with other evidence. The late playing of the tape was not considered a procedural irregularity that prejudiced the applicant.

The appeal was dismissed.