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This case report highlights initial difficulties in identifying poor effort and malingering in relation to memory, cognitive deficits and mental disorder. We provide information on the outcome for a man charged with murder who was found to be unable to stand trial as a result of poor memory. After being sentenced by way of a hospital and restriction order, he was found upon inpatient assessment to be malingering and was remitted back to prison in order to continue his murder trial. We comment on the psychological tests, physical investigations and inpatient assessment required to confirm the presence of memory malingering.