The appellant shot and killed his ex-girlfriend before shooting himself in the head, resulting in a severe brain injury and retrograde amnesia.
At trial, he argued that his inability to remember the events surrounding the homicide rendered him unfit to stand trial and violated his right to make full answer and defence.
The trial judge dismissed these applications, and he was convicted of second degree murder.
The Court of Appeal dismissed the appeal, holding that testimonial competence is not a condition precedent to fitness to stand trial, and that amnesia alone does not render an accused unfit or justify a stay of proceedings.
