Criminal Appeals: Everything You Need to Know

Have you recently been convicted of a crime but didn’t get the outcome you were hoping for in your sentencing?  Just because there has been a verdict reached on your criminal trial doesn’t necessarily mean it’s the end of the road. A criminal appeal might be the solution. 

Criminal appeals may result in a change in sentencing or, sometimes, a complete dismissal of charges. A criminal appeal might be an option to consider if : 

• You believe you were given a sentence that was unfairly harsh (the consequence didn’t match the crime)
• New evidence has been revealed that may change the outcome of the case (something brought to light that changes the narrative)
• Were there any legal or judicial errors made that directly impacted the outcome of your case (faulty court procedure can lead to a retrial)
• If you believe bias or prejudice of any kind was a factor in determining the outcome of your case (prejudice is not tolerated as a factor to determine the outcome of a criminal case) 

All of these reasons are grounds for an appeal, and a knowledgeable lawyer can help you through this process. 

What Is a Criminal Appeal?

You must know your rights during this time. If you have been convicted of a crime, you have a right to an appeal. An appeal is essentially a review of your trial. It’s not an entirely new trial, nor is it a complete dismissal of your charges. The task of the appeal court is to make sure that the trial you received was fair and accurate. It is also to ensure that the judge acting on your trial did their job correctly. Essentially, the appeal court exists to review cases to ensure that sentencing is fair and contributes to a just and peaceful society. It is a way to ensure a citizen’s right to a fair trial is being carried out. 

Who Can Appeal and What Can Be Appealed?

Under s.675 (1) of the Criminal Code, anyone who a trial court convicts in proceedings by indictment may appeal the conviction on any ground that:

• Involves a question of fact or a question of mixed law and fact
• Consists of a question of law alone
• Appears to the court of appeal to be a sufficient ground; or
• It is against the sentence passed by the trial court unless that sentence is one fixed by law

Simply put, anyone who has been convicted in a trial in court has the right to appeal their conviction. If you have been convicted of a criminal offence by trial, an appeal is an option worth strong consideration. A successful appeal may result in a different outcome for your case, whether it be a lesser sentence or a complete dismissal of charges.

When Can You Appeal a Criminal Case?

Criminal appeals can be filed if you were convicted of a criminal offence in Canada. These appeals are prompted by a myriad of reasons, from legal error to jury misconduct to ineffective counsel. When in doubt, it is always best to speak with a lawyer and ensure that everything in your power is being done to help ensure the most reasonable and fair outcome.

Filing the Appeal: Deadlines and Notices

Typically, you must file a Notice of Appeal for a criminal case within 30 days of the conviction. That is why you need to find an experienced lawyer as soon as possible. If you happen to miss the 30-day window, you can ask the appeal court for extra time. 

However, there is no guarantee that they will support your request. It is always better to file within the 30-day window if possible. If you miss your window but can show evidence that you had the intent to appeal, you have better chances that the court will grant you an extension. 

Where Do I File My Appeal?

Where you file your appeal depends on several factors, including whether the Crown proceeded with an indictment on your charges or with summary conviction. 

• If the Crown proceeded by summary conviction, your trial would have been at Provincial Court. In that case, you would file a Summary Conviction Appeal with the Court of King’s Bench in the judicial centre closest to the courthouse where your sentencing took place.
• If the Crown proceeded by indictment, your trial could have been at either the Court of King’s Bench or the Provincial Court. In either case, you would file your appeal with the Court of Appeal for Saskatchewan.
• A lawyer can help you determine which court to file your appeal in, in addition to helping you fill out the Notice of Appeal. 

The Criminal Appeal Process

The first action one must take when considering an appeal is to file a Notice of Appeal. Again, it is highly recommended that this notice be filed within 30 days of the conviction. However, there are exceptions. 

The Notice of Appeal must include details specific to your case, such as: 

• The name of the court where you will submit your appeal
• The date of judgment
• The file number
• The request for relief (what you think the conviction should be changed to)
• The  appellant (person who applies to a higher court for reversal of a lower court 
• The respondent (person going against the claim or position) 
•  The contact information for both the appellant and the respondent. 

Once the claim is successfully filed with the help of a lawyer, all of your trial records, including transcripts and evidence, will be gathered for review. These are called factums, and the Crown will also have the opportunity to submit them. 

Eventually, a hearing will be scheduled, where a panel of judges will review the case and determine whether there are grounds for an appeal. The panel will consist of 3, 5, or, very rarely, seven judges. At the hearing, both the defence and the prosecutor will have a chance to speak and argue their case for an appeal. 

If entirely new evidence is brought to light, it can be submitted for the hearing. However, if the new evidence could have been used in the original trial, it would likely be impermissible. 

Can You Be Released on Bail During an Appeal?

If you have been sentenced to jail, you may be able to post bail and be released while awaiting your appeal. An experienced lawyer can help you navigate whether this is a possibility. 

What are the Possible Outcomes of an Appeal?

An appeal can lead to various outcomes. One possibility is that you will be granted a retrial. This is usually the case if it is proven that the original trial was not conducted properly. If granted a retrial, an entirely new trial will be held at a future date to determine your sentencing. 

Another appeal outcome is that you will be directly acquitted or found not guilty. In this scenario, all convictions are dropped. 

The last outcome is a dismissal of your appeal. If your appeal is dismissed, your original conviction and sentencing remain as is. However, there may still not be a final determination, as it is possible to appeal to a higher court. 

What Happens After the First Appeal?

If your appeal is rejected, you still have options:

• If the Court of King’s Bench rejected your Summary Conviction Appeal, you can request that the Court of Appeal hear your case. 
• If your appeal was turned down by the Court of Appeal, you can apply to the Supreme Court of Canada to hear your case. However, it is worth noting that less than 10% of cases get listened to by the Supreme Court. It is rare, but not impossible, for this to happen. 

Why You Need an Experienced Appeals Lawyer

With something as delicate and as crucial as an appeal, it’s imperative to have an experienced legal team behind you to guide you through the process. An informed lawyer will provide you with the best chance of being granted an appeal. 

Seeking Counsel

If you are in South Saskatchewan and considering an appeal, you need to find a team that can support you through every step of the process. From the submission of the Notice of the Appeal to the hearing, the lawyers at Nychuk & Company can support your case and help you feel at ease. 

With more than 30 years of experience serving South Saskatchewan, the lawyers at Nychuk & Company know the ins and outs of the appeals process and will do everything they can to make a strong case for your appeal. 

Contact us today for skilled legal guidance.

Our team of trusted, experienced lawyers will help you during every step of your appeal. We know how nerve-wracking this time can be, and we will do everything in our power to fight on your behalf. Don’t wait on something as time-sensitive as an appeal. Contact Nychuk & Company today at (306)-359-0202 and speak with a trusted appeals lawyer.