At Gavran Criminal Defence, we can help you appeal your conviction, sentence, or both. If you are thinking of making an appeal, know that the delay to make an application to appeal in most cases is very short and therefore, you should make a decision quickly as to whether you wish to appeal your conviction or sentence. We can review your case and assist you to move forward.
A criminal appeal requires attention to detail and a solid understanding of the law due to the demanding timelines, rigid rules, and amount of preparation involved in making a successful appeal. Most appeals have to be initiated within 30 days from the date of the decision you are appealing. You must act quickly.
Appeals against convictions must be based on one of the following motives: an error or mistake of the law, the conviction was unreasonable or was not supported by evidence, or there was a miscarriage of justice. Appeals against sentence must be based on one of the following: an error in principle, failure to consider a relevant factor or overemphasizing a factor, or the sentence that was imposed is clearly wrong. We can assist you in finding grounds to appeal.
The Crown can also make appeals against sentence and against a finding of not guilty. Should the Crown make an appeal, contact us today for assistance.
Provincial Offences Act (POA) Appeals
We can also assist you with Provincial Offences Act (POA) appeals, which include appeals of driving conviction such as speeding tickets, parking infractions, and appeals against by-law infractions such public intoxication. The provisions for appealing POA convictions and sentences are similar to those of criminal convictions. POA appeals are subject to restrictive deadlines and rules. The deadline to initiate an appeal is usually 30 days.
To review your case and discuss appeals, contact us today at (647) 624-6324.