Under the Evidence Act 1995 (NSW), voice identification evidence is admissible without any threshold test, governed only by the general relevance requirement in s 55(1) and the discretionary exclusions in ss 135 and 137. The common law threshold test from R v Smith (1984) 1 NSWLR 463 no longer applies. Jury directions under s 116 and warnings under s 165 apply to voice identification evidence.
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