Appeals (Precedent)

Appeals

NOTICE OF APPEAL

NOTICE OF LEAVE TO APPEAL

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Appellant

– and –

HIS MAJESTY THE KING

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, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: [email protected]

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 OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Appellant

– and –

HIS MAJESTY THE KING

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, at

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: [email protected]

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]

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Appellant

– and –

HIS MAJESTY THE KING

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]

NOTICE OF APPLICATION FOR FRESH EVIDENCE	AFFIDAVIT