SUPERIOR COURT OF JUSTICE - ONTARIO
Court File No.: CR-13-63-MO
Date: 10 June, 2013
RE: HER MAJESTY THE QUEEN and WILLIAM RUSSELL STEPHENS
Before: The Hon. Mr. Justice Kent
Counsel:
K. Ornawka , for the Crown
Mr. Stephens, self represented
ENDORSEMENT
[1] The court is now in receipt of a mental health assessment of William Russell Stephens completed 9 January 2013. While non-specific as to time, the assessment does raise the possibility that when the Appellant entered his guilty plea on 20 July 2009 he may have been suffering from a mental disorder, Schizoaffective Disorder, which may have exempted him from criminal responsibility.
[2] There is authority that permits the introduction of fresh evidence on appeal to establish that an appellant was not criminally responsible. See: R. v. Pietrangelo 2008 ONCA 449. However, the Appellant would need to show something more than a possibility being NCR to succeed on his appeal. See: R. v. John Doe [2011] O.J. No. 52.
[3] Nevertheless, the Appellant alleges that the Crown at the time of his trial failed to disclose police reports outlining his mental illness.
[4] For all of the above reasons, an extension of the time for appeal is granted and the Notice of Appeal served with the Notice of Motion seeking the extension shall be deemed to have been served on time.
KENT, J.
DATE: 10 June 2013
COURT FILE NO.: CR-13-63-MO
DATE: 2013/06/10
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: HER MAJESTY THE QUEEN
- and - WILLIAM RUSSELL STEPHENS
BEFORE: The Hon. Mr. Justice Kent
COUNSEL:
K. Ornawka, for the Crown
Mr. Stephens, self represented
ENDORSEMENT
KENT, J.
DATE: 10 June 2013