Appealing a Sentence:
If you’ve been found guilty and sentenced by a judge or justice, but you don’t agree with the sentence, there are steps you can take to appeal the decision.
Contact a Lawyer Immediately:
The Criminal Code allows you to request a review of the judge or justice’s sentencing decision. It’s crucial to consult with a lawyer promptly to initiate the appeal process. Delays can jeopardize your ability to appeal.
Act Within 30 Days:
You must file your notice of appeal within 30 days of being sentenced. Failing to do so may result in the loss of your right to appeal. This timeline is critical.
Consult with a Lawyer Right Away:
Consulting with a lawyer immediately after the sentencing decision is essential. There are specific steps that need to be taken, and your lawyer can guide you through them.
Should You Handle Your Own Appeal?
While it’s possible to handle your own appeal, it’s not recommended. Appeals are complex, with strict deadlines and rules. Mistakes can have severe consequences, potentially leading to the disallowance of your appeal without a chance to argue for a different sentence.
Determine Where to Appeal:
The court where you appeal depends on where your sentencing took place. If it was in the Court of King’s Bench, your appeal will be heard in the Court of Appeal. For Provincial Court cases, it depends on whether it was conducted “summarily” or “by indictment.”
Grounds for Appeal:
You can appeal the type of sentence, its length, or imposed conditions. Generally, the reviewing court examines if the initial judge or justice was obviously wrong or unreasonable in their decision.
The Appeal Process:
An appeal does not involve redoing the original trial. It reviews the existing record, including trial transcripts and exhibits. Both you and the Crown Prosecutor submit written legal arguments, followed by oral arguments during a hearing. The appeal justices will consider these arguments before making a decision, which can take several months.
Winning the Appeal:
If you win your appeal, the Appeal Court will often conduct a re-sentencing, potentially leading to a different sentence type, length, or altered conditions. In rare cases, your sentence may be set aside for a complete re-sentencing.
Hiring an Appeal Lawyer:
If you’re considering an appeal, it’s crucial to engage a lawyer with experience in appeals. At Smyllie Law, our lawyers are renowned for their expertise in appeals and can provide expert guidance. Contact our office for a free consultation.