Mr. Stephens, convicted of mischief and failing to comply with a probation order in 2009, sought to reopen his appeal to argue for a not criminally responsible on account of mental disorder (NCR) defence.
He had previously been found NCR for unrelated 2011 offences.
His summary conviction appeal of the 2009 convictions was dismissed in 2014, and subsequent motions to reopen were also dismissed.
He brought a new motion relying on a 2024 psychiatric assessment.
The Court of Appeal dismissed the motion, finding that the new report lacked the cogency to establish an NCR defence or to justify reopening the appeal, especially given the applicant's own inconsistent factual account of the events.
