The appellant was convicted of attempted murder and other offences following a shooting at his high school.
At trial, he was found fit to stand trial and did not raise a defence of not criminally responsible on account of mental disorder (NCRMD).
On appeal, fresh psychiatric evidence established that the appellant suffered from severe paranoid schizophrenia and was NCRMD at the time of the offences.
However, the appellant was too mentally ill to participate in his appeal or instruct counsel.
The Court of Appeal held that it had jurisdiction to hear the appeal despite the appellant's incompetence, as the Criminal Code does not require an appellant to be fit to prosecute an appeal, provided procedural fairness is ensured.
The Court allowed the appeal and substituted a verdict of NCRMD, finding that a new trial was unnecessary given the conclusive fresh evidence.
