Tag: Human memory
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Onassis v Vergottis: the fading of memory
Onassis v Vergottis [1968] 2 Lloyd's Rep 403 It is a truism, often used in accident cases, that with every day that passes the memory becomes fainter and the imagination becomes more active. For that reason a witness, however honest, rarely persuades a Judge that his present recollection is preferable to that which was taken…
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Willmot v State of Queensland: the fallibility of memory
Willmot v The State of Queensland [2024] HCA 42; (2024) 98 ALJR 1407 at [30] [C]ourts are mindful that ordinary human experience exposes that human memory is “fallible for a variety of reasons, and ordinarily the degree of fallibility increases with the passage of time” [citing Watson v Foxman [1995] NSWCA 497; (1995) 49 NSWLR…