Where psychiatric evidence raises a question about an appellant's fitness to be tried at the original trial, the conviction must be quashed unless the Court of Criminal Appeal is satisfied that a fitness inquiry would necessarily have found the appellant fit. Conflicting medical opinion does not discharge this standard. The proviso to s 6 of the Criminal Appeal Act 1912 (NSW) cannot save the conviction, however strong the Crown case, because the Crown case may not have been properly tested.
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