SI-86-137 British Columbia Court of Appeal Criminal Appeal Rules, 1986

Made this 9th day of June, 1986, by the Court of Appeal of British Columbia, with the concurrence of a majority of the Justices thereof present at a meeting held for the purpose of making these Rules. N. T. Nemetz, C.J.B.C. J. A. Macdonald, J.A. J. D. Taggart, J.A. R. P. Anderson, J.A. P. D. Seaton, J.A. H. E. Hutcheon, J.A. A. B. B. Carrothers, J.A. A. B. Macfarlane, J.A. E. E. Hinkson, J.A. W. A. Esson, J.A. W. A. Craig, J.A. B. M. McLachlin, J.A. J. S. Aikins, J.A. R. I. Cheffins, J.A. J. D. Lambert, J.A.

(Where notice is filed by a solicitor on behalf of the appellant)

LOWER COURT REGISTRY NUMBER:

LOWER COURT REGISTRY LOCATION:

COURT OF APPEAL

Regina

Respondent

vs.

Appellant

Place of conviction

Name of Judge

Offence(s) of which appellant convicted

Section of Criminal Code or other Act under which appellant convicted was

(State here if appeal is under the Young Offenders Act.)

Plea at trial

Whether or not jury trial

Length of trial

Sentence imposed

Date of conviction

Date of sentence

If appellant in custody, place of incarceration

TAKE NOTICE that the appellant (strike out inapplicable provisions):

appeals against his conviction upon grounds involving question of law alone;

applies for leave to appeal his conviction upon grounds involving a question of fact alone or a question of mixed law and fact, and if leave be granted hereby appeals against the conviction.

applies for leave to appeal against sentence, and if leave be granted hereby appeals against the sentence.

The grounds for appeal are

(Use additional separate sheet if necessary)

The relief sought is

The appellant’s address for service is

Dated this day of 19

Solicitor on behalf of appellant

To the Registrar

Criminal Code Subsection 839(1)

(Where notice is filed by a solicitor on behalf of the appellant)

LOWER COURT REGISTRY NUMBER:

LOWER COURT REGISTRY LOCATION:

COURT OF APPEAL

Regina

Respondent

vs.

Appellant

Place of conviction

Place of appeal to Supreme Court

Name of Judge — Trial (Provincial Court)

— Appeal (Supreme Court)

Offence(s) of which the appellant was convicted at trial and with respect to which the appellant’s appeal to the Supreme Court was dismissed

Section(s) of Criminal Code or other Act under which the appellant was convicted

Plea at trial

Length of trial

Length of appeal proceedings in Supreme Court

Sentence imposed — Trial

Sentence on appeal (if different)

Date of conviction at trial

Date of Supreme Court decision

Date of sentence

If appellant in custody, place of incarceration

TAKE NOTICE THAT the appellant applies for leave to appeal the decision dismissing the summary conviction appeal on grounds involving a question of law alone, and if leave be granted, hereby appeals against the said decision.

The grounds of appeal are

(Use an additional separate sheet if necessary)

The relief sought is

The appellant’s address for service is

Dated this day of , 19.

Solicitor on behalf of appellant

To the Registrar

(Where appellant not represented by a solicitor)

LOWER COURT REGISTRY NUMBER:

LOWER COURT REGISTRY LOCATION:

COURT OF APPEAL

To the Registrar:

Name of appellant

Place of trial

Name of court 1

Name of judge

Was this a jury trial

Offence(s) of which convicted 2

Plea at trial

Sentence imposed

Date of conviction

Date of imposition of sentence

Name and address of place at which appellant is in custody or if not in custody, appellant’s address

If in custody, address other than institution

I, the above named appellant, hereby give you notice that I desire to appeal to the Court of Appeal against my 3 on the grounds set out on page 3 of this notice.

I desire to present my case and argument whether it be for leave to appeal 4 or by way of appeal where leave is not necessary 5,

in writing 6.

in person.

If a new trial is ordered and you have a right to trial by jury do you wish trial by jury?

Dated this day of , 19.

(Signed 7) Appellant

Provincial Court, County Court, Supreme Court e.g. theft, forgery (State here if appeal is under the Young Offenders Act.) If the appellant wishes to appeal against conviction, he must write the word “conviction”. If he wishes to appeal against sentence, he must write the word “sentence”. If he wishes to appeal against both conviction and sentence he must write the words “conviction and section”. If an appellant convicted of more than one offence wishes to appeal against only some of the convictions or sentences, he must state clearly the convictions or sentences against which he wishes to appeal. See Note 1 below. Stroke out (a) or (b). If you desire to submit your case and argument in writing you may serve your written argument within 14 days after receipt by you of the report of the trial judge. This notice must be signed by the appellant. If he cannot write he must affix his mark in the presence of witnesses. The name and address of each attesting witness must be given.

(a) If your appeal against conviction involves a question of law alone you have a right of appeal

If your appeal against conviction is upon any other ground than a question of law, then you have no right of appeal unless leave to appeal is first granted. Your notice of appeal includes an application for leave to appeal where leave is necessary.

You have no right to appeal against sentence unless leave to appeal is first granted by the Court of Appeal or a justice. Your notice of appeal includes an application for leave to appeal.

Further take notice that if you appeal from sentence the Court of Appeal may increase your sentence.

(a) If your appeal is against conviction or sentence alone, or against both conviction and sentence, this notice must be filed within 30 days of the date of imposition of the sentence.

If this notice is filed beyond this time, then you must apply for an extension of time by completing Form 7.

These must be filled in before notice is sent to the Registrar. The appellant must here set out the grounds or reasons he alleges why his conviction should be quashed or his sentence reduced. If one of the grounds set out is “misdirection” by the judge, particulars of the alleged misdirection must be set out in this notice.

(Use additional separate sheet if necessary)

LOWER COURT REGISTRY NUMBER:

LOWER COURT REGISTRY LOCATION:

COURT OF APPEAL

Regina

Respondent

vs.

Appellant

Place of acquittal or sentencing

Name of Judge

Offence(s) of which defendant convicted or acquitted, as the case may be

Section of Criminal Code or other Act under which defendant was convicted or acquitted. (State here if appeal is under Young Offenders Act, if applicable.)

Plea at trial

Whether or not jury trial

Length of trial

Sentence imposed

Date of conviction or acquittal

Date of sentence

If defendant in custody, place of incarceration

TAKE NOTICE that the appellant (strike out inapplicable provisions):

appeals against the acquittal of the respondent upon grounds involving question of law alone;

applies for leave to appeal against sentence, and if leave be granted hereby appeals against the sentence;

(other — e.g. appeals under subsection 676(3) or (4) of the Criminal Code).

The grounds of appeal are

(Use additional separate sheet if necessary)

The relief sought is

The appellant’s address for service is

Dated this day of 19

Solicitor on behalf of appellant

To the Registrar

Regina

Respondent

vs.

Appellant

IN THE MATTER OF(Name) convicted at (Place where convicted) before (Judge) of (Offence) on the day of 19 and sentenced to (Length or description of sentence) on the day of 19

TAKE NOTICE that an application will be made on behalf of the above named to this Court, or a Judge thereof, at such time and place as the Registrar may direct, for an extension of time within which (“an appeal may be brought” or “an application for leave to appeal may be made”), upon the following grounds:

Dated at

this day of 19

(Signature of appellant or his solicitor)

(Print name of appellant or solicitor)

(Name and address for service of solicitor, or, if no solicitor, an address, not being a prison, where documents may be served on the appellant if he is not in custody)

To the Registrar of the Court at

Regina

Respondent

vs.

Appellant

TAKE NOTICE that an application will be made on (day) at to a Justice of the Court for an order that the appellant be released from custody pending the determination of his appeal against his conviction at

(location) by (Judge) of (offence) on the day of 19

Or

against the sentence of (sentence) imposed on him at (location) by (Judge) on the day of after conviction of the appellant of (offence)

Dated at

this day of 19

(sentence)

(Signature of appellant or his solicitor)

(Print name of appellant or solicitor)

(Name and address for service of solicitor, or, if no solicitor, an address, not being a prison, where documents may be served on the appellant if he is not in custody)

To the Registrar of the Court at

COURT OF APPEAL

Regina

Respondent

vs.

, Appellant

BEFORE THE HONOURABLE MR. JUSTICE }The day of , 19

IT IS ORDERED that the appellant, unless he is detained for some cause other than the said sentence, be released from custody pending the determination of his appeal as aforesaid upon the appellant giving an undertaking or entering into a recognizance

(“without sureties” or “with sureties”)

in the sum of $ (“without any conditions” or “with the conditions that follow”)

before (Justice)

(“without depositing any money or other valuable security” or “upon depositing”)

with (Justice)

The appellant will report at (State time and place) to

(State name of peace officer or other person designated)

The appellant will remain within the

(Designated territorial jurisdiction)

The appellant will notify

(Name of peace officer or other designated person)

of any change in his address, employment or occupation.

The appellant will abstain from communicating with

The appellant will deposit his passport with

The appellant shall promptly order and pay for a transcript of the proceedings at trial or, in the event that a Court Reporter was not present, attempt to obtain a copy of the judge’s notes, or depositions of the witnesses, as the case may be.

The appellant shall surrender himself into custody on

APPROVED AS TO FORM

Prosecutor

Regina

Respondent

vs.

Appellant

TAKE NOTICE that the appellant, who was convicted at (location) by (title of judge)(name of judge) of (offence) on the day of , 19 and who was sentenced to (sentence) having complied with the order of the Honourable (Mr./Madam) Justice of the Court of Appeal made on the day of , 19 pursuant to section 679 of the Criminal Code, has now the right to be released from custody (unless the appellant is detained for some cause other than the said sentence) pending determination of the appellant’s appeal against the said conviction and sentence or both.

Dated at

this day of 19

Registrar/Justice

To(insert name of person having custody of the appellant)

Criminal Code Section 680

Regina

Respondent

vs.

Appellant

To the Honourable the Chief Justice of British Columbia:

I hereby request under section 680 of the Criminal Code that you direct a review by the Court of the decision of the Honourable (Mr./Madam) Justice made on the day of , 19.

Dated at

this day of , 19

(Signature of appellant or solicitor)

(Print name of appellant or solicitor)

(Name and address for service of solicitor or, if no solicitor, an address, not being a prison, where documents may be served on the appellant if he is not in custody)

To the Registrar

Court of Appeal File No.

Regina

Respondent

vs.

Appellant

I hereby give notice that I abandon this appeal for:

Conviction appeal

Sentence appeal

Other (Specify nature of appeal)

Dated at , British Columbia, this day of , 19

(Signature of appellant or solicitor)

(Print name of appellant or solicitor)

Where signed by the appellant, this notice was signed in the presence of:

Witness

(Print name of witness)

To the Respondent

To the Registrar