The test for miscarriage of justice based on fitness to stand trial requires the appellate court to determine whether there is a real and substantial question about the accused's fitness; the court need not be persuaded the accused was unfit, only that the question exists. Fitness to stand trial can be successfully raised post-trial for the first time where the delay is short, there is persuasive expert evidence that mental health issues predated the trial, and the trial transcript supports the expert opinion. The execution of a Commonwealth search warrant on court premises to seize an exhibit in ongoing proceedings is not necessarily a contempt of court, but the seizure must not be likely to interfere with the administration of justice.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
4 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.