Voice identification evidence by a translator who has extensive familiarity with recorded conversations is admissible as lay opinion under s 78 of the Evidence Act 2008 (Vic), following Kheir. Where a witness performs a dual role as expert translator and lay voice identifier, the trial judge must direct the jury on the distinction, but need not use the specific term 'lay opinion' provided the charge makes clear the attribution evidence is merely the witness's opinion and not expert evidence.
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