R v Sitters

Where expert evidence obtained after trial raises a real and substantial question about an accused's fitness to plead and stand trial due to intellectual disability, a miscarriage of justice is established and convictions must be set aside. The appropriate consequential order where the appellate court cannot be affirmatively persuaded of unfitness is a retrial, not an acquittal. Expert reports that do not constitute 'fresh evidence' may nonetheless be received by the Court of Appeal in appropriate circumstances.