SI-77-174 Rules of the Court of Appeal of Alberta as to Criminal Appeals

TO BE USED WHEN APPELLANT IS NOT REPRESENTED BY COUNSEL — RULE 845(1) APPELLANT Her Majesty the Queen RESPONDENT TO: The Registrar, Appellate Division, Supreme Court of Alberta, The Court House,, Alberta. NOTICE OF APPEAL At trial I pleaded GUILTY ☐ NOT GUILTY ☐I, the above appellant, hereby give notice that I desire to appeal, and if necessary for me to do so, to apply for leave to appeal against: CONVICTION ONLY☐SENTENCE ONLY☐or both CONVICTION and SENTENCE☐for the following reasons: (SET OUT REASONS). (If the space is insufficient, put additional grounds on the reverse side of this form). I wish☐do not wish☐to be present at the hearing of the appeal. (S. 615) If a new trial is ordered and I have a right to trial by judge and jury, I wish☐do not wish☐trial by judge and jury. [S. 613(5)](IF APPELLANT IS IN CUSTODY — 3 copies of this Notice of Appeal are to be served upon the Warden or designate of the Warden of the institution in which the Appellant is imprisoned within thirty (30) days of the sentence being imposed on him.)(IF APPELLANT NOT IN CUSTODY — 3 copies of this Notice of Appeal are to be filed in the office of the Registrar or mailed to him by registered mail within thirty (30) days from the date of the sentence imposed on him.) NOTICES TO THE APPELANT: (1) TAKE NOTICE THAT ON AN APPEAL FROM SENTENCE, THE APPELLATE DIVISION HAS THE POWER NOT ONLY TO DECREASE SENTENCE, BUT TO INCREASE IT, IF THE COURT CONSIDERS THE SENTENCE INADEQUATE.(2) TAKE NOTICE THAT ON AN APPEAL FROM CONVICTION, APPEAL BOOKS ARE ESSENTIAL. SUCH BOOKS ARE TO BE ORDERED BY THE APPELLANT FROM THE OFFICE OF THE COURT REPORTERS AND WILL BE FURNISHED BY THE COURT REPORTERS AT THE EXPENSE OF THE APPELLANT. ON THE FILING OF THIS NOTICE OF APPEAL, THE REGISTRAR WILL ADVISE THE APPELLANT OF THE COST OF SUCH APPEAL BOOKS, AND WILL ADVISE AS TO THE OBTAINING OF ADVICE AS TO LEGAL AID PROCEDURES AVAILABLE IF THE APPELLANT HAS NOT THE FUNDS TO PAY FOR THE APPEAL BOOKS.

TO BE USED WHERE NOTICE IS FILED BY COUNSEL FOR AN APPELLANT OR ON BEHALF OF THE ATTORNEY-GENERAL — RULE 845(2) IN THE SUPREME COURT OF ALBERTA APPELLATE DIVISION TO: The Registrar, Appellate Division, Supreme Court of Alberta,, Alberta. NOTICE OF APPEAL PARTICULARS 1 The Appeal is in respect of indictable offence, or by way of further Appeal from the District Court in respect of a summary conviction offence.[INDICTABLE OFFENCE☐SUMMARY CONVICTION☐] 2 Place of Trial (or District Court Appeal) 3 Name of Judge 4 Name of Court 5 Name of Crown Prosecutor at Trial 6 Name of Defence Counsel at Trial 7 8 9 Plea at Trial 10 Sentence imposed 11 Date of Sentence or Acquittal 12 TAKE NOTICE that the Appellant: (mark with an “x” which of the following are applicable):(1) appeals against conviction (or acquittal) on grounds involving a question of law alone☐(2) applies for Leave to Appeal his conviction on grounds involving a question of fact alone or a question of mixed law and fact, and if Leave be granted, hereby appeals against the said conviction ☐(3) applies for Leave to Appeal against sentence, and if Leave be granted, hereby appeals against the sentence☐The grounds of Appeal are annexed hereto.(The Appellant wishes☐does not wish☐to be present at the hearing of the Appeal.) If a new Trial is ordered and the Appellant has a right to a Trial by Judge and Jury, the Appellant wishes☐does not wish☐ the new Trial to be by Judge and Jury.

[Rule 860C] IN THE SUPREME COURT OF ALBERTA APPELLATE DIVISION The Registrar, Appellate Division, The Supreme Court of Alberta, The Court House,, Alberta. I, hereby give notice that I abandon my Appeal. Dated at Alberta, the day of 19. This notice was signed in the presence of: WITNESS APPELLANT (OR HIS SOLICITOR, AS THE CASE MAY BE) NOTE: If this notice of abandonment of Appeal is signed by the appellant personally, Rule 860C (1) requires that this signature must be verified by affidavit or witnessed by a solicitor, or by an officer of the institution in which he may be confined.