Before continuing, please read this important notice about
this site.
Appeal
It is unfortunate if you have to consider an appeal. There are three kinds of
appeals: acquittal, conviction, and sentencing. Acquittal appeals belong to the
Crown, where they feel that you shouldn't have been acquitted. The latter two
kinds of appeals belong to you. You can appeal the conviction, or the
sentencing, or both. If you believe that you were wrongfully convicted,
consider such an appeal to overturn the guilty conviction. If you do not wish
to dispute the conviction, but feel that the fine (sentencing) is too harsh,
consider a sentencing appeal. Sentencing appeal is usually not worth the time,
money and energy involved, since we are talking about normal speeding tickets
here. The typical fine does not exceed $300, so it is really no point to file
an appeal trying to reduce the fine by a small amount.
Conviction appeal is what you should really consider, if you feel that you were
treated unfairly in your first trial. If you fall into one of the situations
described below, you may want to consider filing an appeal:
-
You were compelled to be a witness, even if you chose not to. This is an
outright violation to the Canadian Charter of Rights and Freedoms.
-
You were denied to be a witness in your own defence. You have every right to
defend yourself (although you are not recommended to).
-
You were denied to cross-examine the Crown's witness, or you were denied to ask
certain questions which were entirely appropriate to the case.
-
The judge admitted invalid evidence, such as hearsay evidence.
-
Anything that the judge erred in law that would prevent a fair trial from
proceeding.
The best to do when you want an appeal is to consult a lawyer. You have 15 days
to file an appeal from the date you were convicted. If you have exceeded the
time limit, order an extension. The provincial court clerk should be able to
assist you with that. You may have to pay your fines first, since you can't
file an appeal without a receipt of payment. This is done so that the court can
make sure that the appellant is not trying to evade payment of fines. You may
also have to order three copies of transcript, one for yourself, one for the
prosecution, and one for the judge who will be hearing the appeal. The cost can
range from $50 to a few hundred dollars per copy. So appeals are not cheap, you
should seriously consider it before you make your move. Consider hiring a
lawyer, if possible. If you still want to represent yourself, at least consult
a lawyer on how to prepare for the appeal. In an appeal hearing, it will
usually be an argument of law, rather than facts. If you are not represented by
someone who practises law, it is going to be extremely hard for you.
If you have admitted the offence in your first trial, you have basically
spoiled your chance of successfully applying for an appeal.
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