McKay v R - [2010] 1 NZLR 441

Criminal practice and procedure — Fitness to plead — Procedure to be followed — Whether and when failure to follow procedure led to unfair trial — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 7, 9, 10, 11, 12, 13, 14, 16, 17, 38, 39, 45 and 46.

Trial — Fair trial — Procedure on fitness of accused to stand trial — Whether miscarriage of justice occurs if pretrial procedure on fitness to stand trial not followed — Whether accused sacking counsel mid-trial causes a reappraisal of whether accused fit to stand trial — What events during trial can cause reappraisal of whether accused fit to stand trial — Whether trial unfair if procedure on fitness to stand trial not followed — New Zealand Bill of Rights Act 1990, s 25.