The judgment synthesises 19 principles from Australian and Canadian authorities applicable to fitness to plead inquiries under s 311 of the Crimes Act 1900 (ACT), with particular focus on accused persons with intellectual disability. The notion of 'disordered or impaired' mental processes in s 311 is not to be read down to exclude the developmentally or intellectually disabled. Fitness to plead does not require a particular level of intelligence, legal knowledge, or common sense, and the assessment must be conducted in the context of the actual charge preferred. Where reasonable accommodations can be made, including adjournments and one-on-one assistance, the accused may not be unfit to plead. The capacity to instruct counsel involves understanding evidence sufficiently to inform counsel whether it is true and whether there are qualifying facts, not understanding the law.
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