A Longman direction that refers only to the general impact of the passage of time on recollection is insufficient where the complainant was a child at the time of the alleged offences; the direction must specifically address the fragility of youthful recollection and the possibility of distortion of childhood memories. Where an appellant's dementia renders them unfit to instruct legal representatives, this is a powerful discretionary factor against ordering a new trial.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.