Found guilty? Don't like the verdict? Try an appeal

By: Gary Parker http://imintrouble.ca/Agent/savemylicense/
Licensed Paralegal

If you're not ready to face the music after the court has found you guilty and passed sentence, your only hope is an appeal.

An appeal is very different from a trial. Witnesses (such as the officer who gave you the ticket) are rarely at the appeal hearing. The court relies on the transcript of testimony from the trial and written submissions of the parties. Each party may be given limited time for oral argument.

While oral argument is the aspect most people are familiar with, it is usually the least important. More important are the written submissions. These are laid out in a factum, a highly structured document written according to convention and tradition.

Written submissions are key

Time and again the Ontario Court of Appeal has said that the factum is the most important part of the appeal. So it is essential to have a good one. Without legal training, it would be difficult to write a persuasive factum. This is one reason why assistance is vital.

For charges prosecuted under the Provincial Offences Act, appeals from conviction and sentence of the trial judge are heard in Ontario by a single judge of the Ontario Court of Justice.

Errors by trial judge

In an appeal, arguments are generally limited to allegation of error committed by the trial judge such as rulings on the admission of evidence.