The applicant, charged with historical sexual offences, brought a motion to admit expert opinion evidence from Dr. Tim Moore regarding the psychology of children's memory, including concepts like "imagination inflation" and "source amnesia" and how police interview practices might affect the reliability of a child complainant's testimony.
The court dismissed the application, finding that the proposed expert evidence did not meet the necessity criterion for admissibility.
The judge concluded that the concepts were within the common experience and knowledge of a jury and that the evidence risked intruding on the jury's role as the ultimate arbiters of credibility and reliability.
