R. v. Campbell

R. v. Campbell Collection Decisions of the Court of Appeal Date 2021-06-15 Neutral citation 2021 ONCA 423 Docket numbers C66490, M52452 Judges Benotto, Mary Lou; Trotter, Gary T.; Nordheimer, Ian V.B. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Campbell, 2021 ONCA 423 DATE: 20210615 DOCKET: M52452 (C66490) Benotto, Trotter and Nordheimer JJ.A. BETWEEN Her Majesty the Queen Respondent and Stephen Campbell Appellant Stephen Campbell in person Philippe Cowle, for the respondent Heard: June 10, 2021 by videoconference REASONS FOR DECISION [1] Mr. Campbell brings this motion for an order that a fresh psychiatric report be prepared. Mr. Campbell was convicted of attempted murder on August 3, 2017. The defence of not criminally responsible (“NCR”) was rejected by the trial judge. [2] The appellant seeks a fresh psychiatric report on the basis that the original psychiatric report relied upon by the Crown at the trial was “laced with errors, untruths and statements that I never made”. The appellant contends that a new psychiatric report would support the NCR defence. [3] Nothing of substance has changed since the original psychiatric reports were prepared for trial. In that regard, we note that, in addition to the psychiatric report filed by the Crown, a separate psychiatric report was filed by the defence. Both of those reports were carefully reviewed by the trial judge. For the reasons that the trial judge gave at the time, she concluded that the NCR defence was not established. [4] The preparation of a post-conviction psychological assessment for the purposes of treatment recommendations does not change the situation. It remains the fact that there is no proper basis for ordering a fresh psychiatric report in these circumstances. [5] The motion is dismissed. If any problems develop with getting the appeal scheduled for hearing, the matter can be addressed before Trotter J.A. “M.L. Benotto J.A.” “Gary Trotter J.A.” “I.V.B. Nordheimer J.A.”