Are you dissatisfied with your verdict or sentence?


What is an Appeal?

An appeal is not a completely fresh new trial; with few exceptions, no evidence is heard. The judge or judges will decide your appeal based on the pre-existing record of your case which will consist of a transcript of the trial or sentencing and any exhibits filed.

Criminal appeals typically appeal the conviction, sentence, or both. This means that a person convicted of a sentence may ask the appeal court to review that verdict of guilt and/or the sentence imposed upon the offender.

If the person is appealing the conviction or verdict, the appeal court may assess a number of grounds that may be raised; however, they will almost exclusively limit themselves to the issues raised on appeal. It is therefore fundamentally important that in filing the appeal, the issues, which have the most merit, are set out clearly. Any issues that are not clearly set out are presumptively not being heard on appeal unless the contrary is shown.

An experienced appellate lawyer is very important in assisting what the appeal issues are and the merits to each of the grounds. Grounds of appeal are typically dealt with in one of two ways: questions of law, or questions of fact

Depending on your case, you may able to achieve any of the following results on appeal:

  • A new trial
  • An acquittal
  • A lesser sentence
  • A cancellation or reduction of a firearms or driving ban
  • A cancellation of a DNA order

The Appeal Courts in Ontario: The Superior Court of Justice and The Ontario Court of Appeal are extremely strict about the timing, form, and length of your filed materials, and require absolute compliance with complicated procedural rules. In addition, every appeal involves the persuasive presentation of complicated legal arguments.