The appellant, Zachary Wittke, sought a fresh psychiatric assessment under section 672.11 of the Criminal Code, arguing that it would demonstrate psychiatric disorders relevant to his mens rea for murder.
The Court of Appeal dismissed the motion, finding that a prior assessment at trial already addressed these issues and that no new evidence justified a further assessment.
The court held that strategic decisions at trial and the absence of new or flawed evidence did not warrant a new assessment at the appeal stage.
