Toronto Criminal Appeals Lawyer

Toronto Criminal Defence Lawyers Representing Clients in Criminal Appeals

If you have been convicted of a criminal offence, you can appeal the order to a higher court. Unlike the trial phase, where evidence is presented and guilt is determined, appeals focus on reviewing the procedures and decisions made during trial and sentencing to see if there were any factual errors, legal errors or irregularities.

Grounds for Appeal

Appeals can be based on various grounds, including:

1. Legal errors: Mistakes made by the trial court concerning the interpretation or application of the law.
2. Procedural Errors: Errors related to procedural rules or the conduct of the trial, such as jury instructions, evidentiary rulings, or improper conduct by one of the parties.
3. New Evidence: New evidence that was not available during the trial may emerge, warranting a re-evaluation of the case.

Types of Appeals

The two primary types of appeals are conviction appeals and sentence appeals. In appeals of conviction, the appeals court assesses the initial verdict or order, deliberating on whether the individual should have been pronounced guilty or not guilty. In sentence appeals, the focus shifts to challenging the terms and conditions of the punishment imposed on the individual who has been convicted.

Where Appeals Are Heard in Ontario

In Ontario, appeals are heard at either the Superior Court of Justice or the Court of Appeal, depending on whether the accused was tried by way of indictment or summary conviction

Summary conviction appeals pertain to less serious offences, including impaired driving, minor assaults, property damage, and offensive behaviour. These matters are appealed to the Superior Court of Justice, where a single judge presides over the proceedings.

Indictable appeals are reserved for more serious offences, including aggravated assault, sexual assault with a weapon, drug trafficking, manslaughter, and murder. These matters are appealed to the Court of Appeal for Ontario, the highest-level court in the province.

In addition to indictable appeals, the Court of Appeal for Ontario can also hear appeals from the decisions of a Summary Conviction Appeal Court. However these appeals can only be on questions of law and they require leave of the court.

The Importance of Seeking Legal Counsel

If you or someone you know is looking to appeal a criminal conviction or sentence, it is important to seek legal counsel promptly as there are time limits to appeal. DSF’s experienced criminal defence lawyers are experienced in reviewing trial transcripts, identifying legal errors and crafting persuasive arguments aimed at securing a positive outcome.

We offer multiple convenient locations in Toronto, Whitby, Barrie and more to serve our clients better. To begin your initial consultation and find the right criminal lawyer, please contact us at (416) 449-1400.