Where a witness has had extensive exposure to a voice through prolonged listening to intercepted communications and subsequent personal contact with the accused, a limited judicial warning as to the dangers of aural identification may be sufficient, particularly where substantial circumstantial evidence also links the accused to the voice. An undercover police officer who agrees to import drugs and carries out the importation is a party to the conspiracy agreement under s 11.5(2)(c) of the Criminal Code Act 1995 (Cth), notwithstanding that the officer was not liable for the offence and did not intend the drugs to be dealt with unlawfully after importation. The question whether jury unanimity is required as to a particular overt act under s 11.5(2)(c) remains open in Victoria.
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