The forensic disadvantage to an accused arising from a child complainant's inability to remember at trial is not analogous to the forensic disadvantage caused by delay in complaint, and does not necessarily require an unreliable evidence warning under s 165 of the Evidence Act 1995 (NSW), particularly where the disadvantage is obvious to the jury and has been addressed in the summing up. Where a child complainant's lack of memory is inextricably linked to her age, a warning under s 165A(2) is not required where the matters relied upon are double-edged and the jury is well aware of the reliability issues.
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