The inability to form new memories necessary to participate in trial processes is not mere 'memory loss' within the meaning of s 311(2) of the Crimes Act 1900 (ACT), and accordingly that provision does not prevent a finding of unfitness to plead where the accused's impairments extend beyond memory loss to include reduced capacity to process and organise information, loss of strategic capability, impaired executive functions, and reduced reasoning capacity. The case provides a detailed worked example of how each of the six criteria in s 311(1) should be assessed against specific neuropsychological impairments.
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