19 Apr 2013
BRITZ v R SC 17/2013
- Citation
- SC 17/2013
- Court
- Supreme Court
The Supreme Court refused leave: the Court of Appeal correctly weighed conflicting expert evidence and reasonably concluded the appellant was fit to plead and stand trial so no miscarriage of justice under s385(1)(c) occurred; the practical difficulty of later reconstruction does not amount to a different legal threshold, and counsel's failure to pursue an intelligence assessment did not render the trial unfair or inevitably trigger the 2003 Act.