Prince Edward Island – Criminal Appeal Rules of Court (SI/2011-109)

Regulations are current to 2014-08-05 and last amended on 2012-02-15. Previous Versions

FORM 82ANOTICE OF APPEAL (OR CROSS-APPEAL)

(To be used where Notice is Filed by Counsel on Behalf of Appellant)

(This Form may be varied to meet the case where the Attorney General is the appellant, or where circumstances require changes in it.)

CANADA

PROVINCE OF PRINCE EDWARD ISLAND

IN THE PRINCE EDWARD ISLAND COURT OF APPEAL No. S1-CA-

BETWEEN:

(Name of Appellant)

APPELLANT

AND

HER MAJESTY THE QUEEN

as represented by the Attorney General

RESPONDENT

NOTICE OF APPEAL (OR NOTICE OF APPLICATION FOR LEAVE TO APPEAL) (OR NOTICE OF CROSS-APPEAL)

  • 1. 
    Section of the Criminal Code under which the appeal is taken

  • 2. 
    Place of Trial

  • 3. 
    Name of judge

  • 4. 
    Name of court

  • 5. 
    Name of Crown prosecutor at trial

  • 6. 
    Name of defence counsel at trial

  • 7. 
    Offence(s) of which appellant was convicted

  • 8. 
    Sections of the Criminal Code or other statutes under which appellant was convicted

  • 9. 
    Plea at trial

  • 10. 
    Length of trial

  • 11. 
    Date of conviction

  • 12. 
    Sentence Imposed

  • 13. 
    Date of imposition of sentence

  • 14. 
    If the appellant is in custody, place of incarceration

  • 15. 
    Appellant’s date of birth

  • 16. 
    Appellant’s last known address

  • 17. 
    Trial court case number

Take notice that the appellant (insert whichever of the following or such other as may be applicable)

  • (a) 
    appeals against conviction on grounds involving a question of law alone;
  • (b) 
    applies for leave to appeal conviction on grounds involving a question of fact alone or a question of mixed law and fact and, if leave is granted, hereby appeals against the said conviction;
  • (c) 
    applies for leave to appeal against sentence and, if leave is granted, hereby appeals against sentence; or
  • (d) 
    appeals against the acquittal of the respondent on grounds involving a question of law alone.

The grounds of appeal are annexed hereto as “Appendix A”

The relief sought is

Note:If the appellant had a right to be tried by judge and jury originally but chose a judge alone, the appellant would have the right to be tried by judge and jury if a new trial is ordered but only if the appellant indicates a desire to be so tried in this notice.

If a new trial is ordered and the appellant would have the right to trial by judge and jury, does the appellant wish trial by judge and jury?

Yes No

The appellant’s address for service:

DATED at , Prince Edward Island, this day of , 20

(Counsel on behalf of appellant)
TO:The Registrar
Prince Edward Island Court of Appeal
P.O. Box 2000
42 Water Street
Charlottetown, PEI C1A 7N8