Where fresh evidence raises a question as to an appellant's fitness to stand trial, the NSWCCA will quash the conviction and order a retrial rather than remitting the matter to the trial court for a fitness hearing. The Mental Health (Criminal Procedure) Act 1990 (NSW) does not confer jurisdiction for a fitness hearing after conviction. The test is whether the appellate court is satisfied that a court acting reasonably must have found the accused fit to stand trial; if not so satisfied, the conviction must be quashed.
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