The appellant appealed an NCRMD verdict for uttering threats and breaching a probation order.
At trial, the verdict was based on a psychiatric assessment diagnosing the appellant with schizophrenia.
On appeal, the appellant sought to introduce fresh evidence from new psychiatrists indicating he was misdiagnosed and actually suffered from bipolar disorder, and that his psychosis at the time of the offence was substance-induced.
The court admitted the fresh evidence under the Palmer test, finding the original diagnosis was incorrect.
The court set aside the NCRMD verdict, entered a conviction, and imposed a sentence of one day, noting the appellant had already spent 28 months in a secure psychiatric facility.
