A ruthless armed robber has won the right to have his case heard at the Court of Appeal for the second time, it emerged today.

Kevin Stephen, who also has a conviction for rape, was jailed for his part in a raid at a Brighton off-licence.

But the Criminal Cases Review Commission confirmed a second appeal has been granted.

Stephen, 37, who has 21 previous convictions for 49 offences, burst into Unwins, Rock Street, Kemp Town, with Darren Owen.

Both men wore stocking masks and Stephen let off a CS gas canister while his accomplice threatened manager Lee Bull with an imitation gun. The pair escaped with £260.

A judge at Stephen's trial allowed details of a phone confession to be presented to the jury. But the call, made from prison, was monitored without Stephen's permission and could now lead to his release.

Stephen, branded a "perpetual, deliberate and ruthless criminal" by a judge in a previous case, was jailed for ten years at Lewes Crown Court in 1997.

He was given eight years for the robbery and possession of a firearm and the gas canister. Owen, then of Rugby Place, Brighton, received seven.

Stephen was also given consecutive terms of two years for attempting to pervert the course of justice and 263 days for breach of an early release license.

Stephen, formerly of Moulsecoomb Way, Brighton, first went to the Court of Appeal in November 1998 but his appeal was dismissed.

But today the CCRC said the case had been referred there once more.

Anthony Arlidge QC, for the commission, said it was '"very rare" for an appeal to be heard a second time.

Mr Arlidge said in the original trial the judge ruled that Stephen's phone confession was admissible and the Court of Appeal backed his decision.

But Stephen won leave to appeal to the House of Lords on the grounds that a point of law of general interest to the public was involved.

And just before it got to court, another case came up and tested the same point of law and the evidence was ruled inadmissible. As a result Stephen applied to the CCRC.

Mr Arlidge said the appeal would be heard on two elements of his conviction - robbery and possessing CS gas.

If successful, Stephen is likely to be released from prison immediately. No date has yet been set for the hearing.

A Sussex Police spokesman said: "If he has been given the right to appeal for a second time then we have to accept it."