Page 476 - Magistrates Conference 2019

GUIDELINES

[2]

 You must then ask, “Is it reasonably possible that the three persons (or however many)

independently making the similar accusations which you have heard, could all be either
lying or mistaken?

 If you think that is incredible, then you may well be satisfied that W was speaking the truth.

 In answering this question, you must consider two important aspects of the evidence.

(i) The degree of similarity between the accusations. The greater the degree of similarity, the
more likely it is that independent witnesses are speaking the truth for you may think it
would be a remarkable coincidence if they hit upon the same lies, or make the same

mistakes as to matters of detail. On the other hand, the less the degree of similarity, the less
weight should be given to this evidence. Whether W, X or Y may be haven consciously or

unconsciously influenced in their evidence through hearing of complaints made by others.

(ii) Whether W, X or Y may be haven consciously or unconsciously influenced in their evidence
through hearing of complaints made by others. If you think it is possible that they, or any of
them, may have been influenced in making the accusation at all, or in the detail of their

evidence, you must take that into account in deciding what weight, if any, you give to their
evidence. 29