Fornication with 10-year-old niece by 57-year-old defendant during sleepover, art. 244 jo. art. 248.2 Sr.

Rejection by court of appeal without any reasoning of ttz. request made in appeal for examination by expert on detention fitness of accused. Court evidently interpreted defense request as request for appointment of expert by trial judge or (after referral of case by court of appeal) by RC or Rh-C for the purpose of further investigation into defendant's fitness for detention. This concerns a request a.b.i. art. 328 jo. art. 331.1 Sv to use the power described in art. 315.3 or art. 316 Sv. The standard for deciding on such a request is always whether the court has shown the necessity of the request. The Court of Appeal rejected this request without having shown that it had applied the above-mentioned standard, while the Court of Appeal did not give any other reasons for rejecting the request either. Court therefore gave insufficient reasons for rejecting the request.

Follows (partial) annulment with respect to sentencing and referral back. CAG: otherwise.