Criminal Appeals 2017-10-30T12:55:32+00:00

Criminal Appeals

Criminal Law Appeals are appeals of either sentence or conviction (notwithstanding other interim appeals may be brought). The Appeal process begins with the Crown Prosecutor’s original determination on how to proceed. If the prosecutor began proceedings by indictment then the Appeal goes to Alberta’s highest court. (The Alberta Court of Appeal). If the proceedings began summarily, then the appeal goes to the Court of Queen’s Bench.

Appeals can be brought on variety of basis. “Demonstrably unfit”, and “a miscarriage of justice” are general examples of grounds of appeal which may be argued regularly. Successful appeals are, in large part, those appeals which argue an error of law. The merit to such an argument is that it imports a legal test of correctness. If an Appellant can show that a Trier of Fact, or Sentencing Judge erred in law they are highly likely to successfully appeal.

In general, many lawyers do not do appellant work. Some lawyers, like Mr. Royer have always done Appellant work and understand the workings of the court and how to craft an appeal that is more likely to succeed. Appeals of decisions made by trial courts are difficult, and success is difficult to obtain. But if you have been convicted of an offence and there is merit to your appeal Mr. Royer will advise you to proceed with the appeal. Similarly, if the sentence imposed upon you is unfit or wrong in law an appeal which has merit ought to be proceeded with expeditiously.

There are strict time limits for appeals. If you wish to consider an appeal contact legal counsel immediately.