The Longman direction is properly based on the joint judgment in Longman concerning forensic disadvantage from delay, not on the separate observations of Deane J and McHugh J about childhood fantasy. There is no requirement to specifically refer to childhood fantasy or the inherent unreliability of childhood recollection in a Longman direction. The observations of Deane J and McHugh J about childhood fantasy have not been given authoritative force by the High Court or any intermediate court of appeal. An alternative verdict need not be left to the jury where it does not fairly arise on the whole of the evidence, and defence counsel's tactical decision to pursue an 'all or nothing' strategy is a significant factor in that assessment.
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