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Criminal Appeals
An appeal is a process where a higher court reviews the proceedings of a trial to assess
the correctness of the trial and ensure fair conduct. Typically, appeals are based on the
notion that the trial judge made a legal mistake in applying the law to the case's facts.
However, appeals can also scrutinize whether the judge appropriately considered the
presented evidence or if it was sufficient to support a conviction. Additionally, appeals
can address issues related to inadequate legal representation. Appeals can be filed
against both convictions and sentences.
Summary Conviction Appeal:
A summary conviction appeal reviews a decision made by a provincial court judge in cases where the Crown opts for a summary trial or when the Criminal Code mandates a summary proceeding. This appeal is presented before a single judge at the Superior Court of Justice in the jurisdiction where the trial occurred.
A summary conviction appeal reviews a decision made by a provincial court judge in cases where the Crown opts for a summary trial or when the Criminal Code mandates a summary proceeding. This appeal is presented before a single judge at the Superior Court of Justice in the jurisdiction where the trial occurred.
Indictable Appeal:
For more serious matters, the Crown may proceed by indictment or when the Criminal Code requires an offense to proceed by indictment (e.g., murder, robbery, or kidnapping). In Ontario, these appeals are heard at the Court of Appeal for Ontario in Toronto, regardless of the trial's location. The appeals at the Ontario Court of Appeal involve a panel of three judges.
For more serious matters, the Crown may proceed by indictment or when the Criminal Code requires an offense to proceed by indictment (e.g., murder, robbery, or kidnapping). In Ontario, these appeals are heard at the Court of Appeal for Ontario in Toronto, regardless of the trial's location. The appeals at the Ontario Court of Appeal involve a panel of three judges.
Time Limits for Appeal:
There are strict time limits for appeals, usually 30 days from the sentencing date. Although it is possible to file an appeal outside this period, special permission from the appeal court is required.
There are strict time limits for appeals, usually 30 days from the sentencing date. Although it is possible to file an appeal outside this period, special permission from the appeal court is required.
Bail Pending Appeal:
It is possible to obtain bail during an appeal, known as bail pending appeal. This involves a separate motion before the appeal court, and three conditions must be satisfied: the possibility of a successful appeal, no contradiction to the public interest in releasing the person, and assurance of surrender on or before the appeal hearing date.
It is possible to obtain bail during an appeal, known as bail pending appeal. This involves a separate motion before the appeal court, and three conditions must be satisfied: the possibility of a successful appeal, no contradiction to the public interest in releasing the person, and assurance of surrender on or before the appeal hearing date.
Results of a Successful Appeal:
- a) Order a new trial: If the appeal court determines that the trial judge made a legal error or the trial was unfair, they may order a new trial before a different judge. The Crown decides whether to re-prosecute.
- b) Order an acquittal: In cases where the evidence does not support a conviction, the appeal court may set aside the conviction and substitute a finding of not guilty, or an acquittal.
- c) Vary the sentence: If the appeal court believes the sentence was too high or involved a legal error, they may reduce the sentence, order community service, or remove ancillary orders imposed during sentencing.
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