Davey v Tasmania

In *Davey v Tasmania*, the Supreme Court of Tasmania, Court of Criminal Appeal, considered the admissibility of voice identification evidence. The appeal concerned a criminal conviction where the prosecution sought to rely on the opinion of a detective who claimed to recognise the appellant's voice from intercepted telephone calls and a police interview.

The central legal issue before the Court was whether the detective's opinion constituted admissible evidence of identification. Specifically, the Court had to determine the criteria for admitting such evidence, particularly when the witness's familiarity with the voice was gained through listening to a significant number of intercepted calls and a police interview with the accused.

The Court held that the detective's evidence was admissible. It applied the principle that a witness may give opinion evidence as to the identity of a person if they have had such opportunities of observing or hearing the person as to be able to form an opinion. The Court reasoned that the detective's extensive exposure to the appellant's voice through hundreds of intercepted calls and the police interview provided a sufficient basis for him to form a reliable opinion regarding the identity of the speaker in other recordings. The Court distinguished this from a situation where a witness has only a fleeting or limited acquaintance with the voice.