APPEALS

CONVICTION AND SENTENCING

An appeal is a process by which a higher court reviews the decision of a lower court. There are two kinds of appeals that are conducted in the criminal context: 1) conviction and 2) sentencing.

A conviction appeal deals with the decision of the lower court in relation to a finding of guilt. The type of court for which a conviction appeal is heard depends on whether accused was prosecuted summarily or by indictment. Some of the more common grounds in a conviction appeal include: unreasonable verdict, insufficiency of reasons, questions of law, and incompetent or ineffective assistance of counsel. A higher court has the power to dismiss the appeal, order a new trial, direct a verdict, or, in the context of the Supreme Court of Canada, refuse to hear the appeal.

A sentencing appeal deals with the decision of the lower court in deciding the appropriate sentence and ancillary orders (ie. driving prohibitions, restitution, discharges) after a conviction. Some of the more common grounds in a sentence appeal include: errors in principle as well as a failure to consider or overemphasis of relevant sentencing factors. A higher court has the power to dismiss the appeal or vary the sentence.

GET IN TOUCH!

Address

Calgary Office

#300 209 19th Street NW
Calgary, Alberta

T2N 2H9

Ottawa Office

200 Elgin Street, Suite 403

Ottawa, Ontario

K2P 1L5T

 

Email

yoav@yoavniv.ca

Phone

Phone: 587-968-6721

 

Success! Message received.