Precedent - Appeals

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PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Indictable Offence Appeal to Court of Appeal


NOTICE OF APPEAL NOTICE OF LEAVE TO APPEAL

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [PROVINCE] COURT OF APPEAL

BETWEEN:

[ACCUSED NAME]

Appellant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF APPEAL
(Crown appeal against acquittal)
OR
(Accused appeal against conviction)




TAKE NOTICE that the Appellant appeals against the acquittal/conviction of the respondent/appellant on the X counts of XXX upon grounds involving a question of law alone.

OR

TAKE NOTICE that the Appellant appeals against the conviction of the Appellant on the X counts of XXX upon grounds involving a question of .....

The grounds for appeal are:

That the learned trial judge erred in law by ....

UPON such further or other grounds as counsel may advise.


The relief sought is:

THAT the acquittal be set aside and a new trial on the XX counts of XXXX be ordered or, in the alternative, such further or other relief as this Honourable Court deems judge and appropriate.

FOR THE PURPOSE OF THIS APPEAL, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]

TO:

The Registrar, Court of Appeal
[address of the court of appeal]

AND TO:

[the name of the respondent], the Respondent herein

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Appellant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AND NOTICE OF APPEAL




PARTICULARS OF SENTENCE

Place of Trial:

[court, city, province]
Name of Judge: The Honourable Mr./Mrs. Justice

Offence(s) of which Accused

Convicted: [name of offence(s)]
Section(s) of Criminal Code or other Statute under which Accused Charged: [section(s)]
Plea at Trial: [guilty / not guilty]
Length of Trial: [not applicable / X hours / X days]
Sentence Imposed:

[list all sentencing orders]

Date of Conviction [date of conviction or guilty plea]
Date of Sentence: [date of sentence]


TAKE NOTICE that the Applicant/Appellant, the Attorney General for the Province of
[province], applies for leave to appeal against the sentence imposed, and if leave be granted, hereby appeals against the said sentence.

The grounds of appeal are:

The sentence is manifestly unfit;
...
Such further and other grounds of appeal as counsel may advise and this Honourable Court may permit.

The relief sought is that leave to appeal be granted, the appeal be allowed and the sentence increased substantially.


FOR THE PURPOSE OF THIS APPEAL/APPLICANT, THE APPELLANT/APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]


TO:

The Registrar of this Honourable Court

AND TO:

[accused / crown as the case may be]


Fresh Evidence

NOTICE OF APPLICATION FOR FRESH EVIDENCE AFFIDAVIT

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Appellant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF APPLICATION FOR LEAVE TO ADMIT FRESH EVIDENCE
(purusant to section 687(1) of the Criminal Code)




TAKE NOTICE

AND FURTHER TAKE NOTICE

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]



Extension of Time to Give Notice

Release of Exhibits

Removal of Counsel

Summary Offence Appeal to Summary Conviction Appeal Court

NOTICE OF APPEAL NOTICE OF LEAVE TO APPEAL

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [PROVINCE] SUMMARY CONVICTION APPEAL COURT

BETWEEN:

[ACCUSED NAME]

Appellant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF APPEAL
(Crown appeal against acquittal)
OR
(Accused appeal against conviction)




TAKE NOTICE that the Appellant appeals against the acquittal/conviction of the respondent/appellant on the X counts of XXX upon grounds involving a question of law alone.

OR

TAKE NOTICE that the Appellant appeals against the conviction of the Appellant on the X counts of XXX upon grounds involving a question of .....

The grounds for appeal are:

That the learned trial judge erred in law by ....

UPON such further or other grounds as counsel may advise.


The relief sought is:

THAT the acquittal be set aside and a new trial on the XX counts of XXXX be ordered or, in the alternative, such further or other relief as this Honourable Court deems judge and appropriate.

FOR THE PURPOSE OF THIS APPEAL, THE APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]

TO:

The Registrar, Court of Appeal
[address of the court of appeal]

AND TO:

[the name of the respondent], the Respondent herein

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL] COURT OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Appellant

– and –

HER MAJESTY THE QUEEN

Respondent




NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AND NOTICE OF APPEAL




PARTICULARS OF SENTENCE

Place of Trial:

[court, city, province]
Name of Judge: The Honourable Mr./Mrs. Justice

Offence(s) of which Accused

Convicted: [name of offence(s)]
Section(s) of Criminal Code or other Statute under which Accused Charged: [section(s)]
Plea at Trial: [guilty / not guilty]
Length of Trial: [not applicable / X hours / X days]
Sentence Imposed:

[list all sentencing orders]

Date of Conviction [date of conviction or guilty plea]
Date of Sentence: [date of sentence]


TAKE NOTICE that the Applicant/Appellant, the Attorney General for the Province of
[province], applies for leave to appeal against the sentence imposed, and if leave be granted, hereby appeals against the said sentence.

The grounds of appeal are:

The sentence is manifestly unfit;
...
Such further and other grounds of appeal as counsel may advise and this Honourable Court may permit.

The relief sought is that leave to appeal be granted, the appeal be allowed and the sentence increased substantially.


FOR THE PURPOSE OF THIS APPEAL/APPLICANT, THE APPELLANT/APPLICANT MAY BE SERVED AT:

By service in accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]


TO:

The Registrar of this Honourable Court

AND TO:

[accused / crown as the case may be]

Summary Offence Appeal to Court of Appeal

Summary Conviction Appeal