The Presser fitness criteria require only minimum standards of comprehension and do not require the accused to have the capacity to make an able defence; limited education, low literacy, and difficulty with verbal information do not of themselves displace the presumption of fitness. Expert reports on fitness that misapply the Presser criteria or are based on a misunderstanding of the trial evidence will be given little weight. On Crown sentence appeals, the residual discretion may be exercised to decline to intervene even where the non-parole period is manifestly inadequate, where increasing the sentence poses a real risk of aggravating the offender's major depression and determination to refuse life-saving medical treatment.
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