Where a pre-sentence psychiatric report discloses a delusional system, this does not of itself establish unfitness to stand trial; the court will look to the trial transcript and the absence of any issue raised by trial counsel as the primary indicators of fitness. On a charge of sexual penetration of a child under 16, the offender's awareness of absence of consent cannot be treated as increasing culpability (as this would found a rape charge), but absence of consent remains relevant to the assessment of impact on the child. Approximately two years of dead time on remand for charges resulting in acquittal warrants a substantial sentencing discount.
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