The accused applied for a declaration that he was unfit to stand trial on three counts of dangerous driving causing death following a high-speed motor vehicle accident that resulted in the deaths of three passengers and caused him a traumatic brain injury.
The defence relied on expert evidence asserting that the accused suffered from frontal lobe dementia and severe cognitive impairment rendering him unable to participate meaningfully in the trial process.
Crown experts concluded that the accused retained sufficient cognitive capacity and that test results suggested malingering.
Applying the “limited cognitive capacity” test from R. v. Taylor, as affirmed in R. v. Whittle and R. v. Morrissey, the court held that the defence failed to prove on a balance of probabilities that the accused was unfit.
The presumption of fitness therefore remained and the application was dismissed.
