The Criminal Appeal Rules of the Supreme Court of Newfoundland, Trial Division (SI/87-28)

Regulations are current to 2013-05-20

The Criminal Appeal Rules of the Supreme Court of Newfoundland, Trial Division

SI/87-28

CRIMINAL CODE

Registration 1987-01-21

Newfoundland Trial Division of the Supreme Court Criminal Appeal Rules

At a meeting held for the purpose in the City of St. John’s, Newfoundland, Canada, July 4, 1986, the majority of the Judges of Her Majesty’s Supreme Court of Newfoundland, Trial Division, pursuant to section 438 of the Criminal Code of Canada, adopted the following rules of practice numbered 1 to 38, inclusively, as attested by the signature of the Chief Justice of the Supreme Court of Newfoundland, Trial Division as rules of the Court respecting appeals governed by section 748 of the Criminal Code of Canada.

July 4, 1986

T. ALEX HICKMAN

Chief Justice of the Supreme Court of Newfoundland, Trial Division

SHORT TITLE

1. These rules may be cited as The Criminal Appeal Rules of the Supreme Court of Newfoundland, Trial Division.

INTERPRETATION

2. In these rules

  • (a) “appeal” means an appeal from a summary conviction court pursuant to Part XXIV of the Criminal Code;

  • (b) “appeal court” means the Judicial Centre of the Supreme Court of Newfoundland, Trial Division, nearest to the place where the cause of the proceedings arose;

  • (c) “Registrar” means a clerk carrying out the functions of the Registrar of the Supreme Court of Newfoundland in the Appeal Court;

  • (d) “Code” means the Criminal Code; and

  • (e) “judge” means the judge of the appeal court except when preceded by the word “trial” in which case it means the judge or magistrate of the summary conviction court appealed from.

APPELLANT TO PREPARE NOTICE OF APPEAL

3. Where an appeal is taken under Section 748 of the Code, the appellant shall prepare a written notice of appeal which shall be dated and signed by the appellant or his solicitor.

CONTENTS OF NOTICE OF APPEAL

4. A notice of appeal shall be directed to the respondent and shall set forth

  • (a) the summary conviction court that entered or made the conviction or order or imposed the sentence appealed against;

  • (b) the conviction or order entered or made or the sentence imposed by the summary conviction court;

  • (c) the offence with which the defendant was charged and the place at which it was committed;

  • (d) the place where the trial in the summary conviction court was held;

  • (e) the date on which the conviction or order was entered or made or on which the sentence was imposed;

  • (f) whether the appeal is from the conviction, order for dismissal or other order or against sentence or against the conviction or order and sentence;

  • (g) concisely and precisely the nature of the order or other relief which the appellant intends to ask the appeal court to make or give and the reasons for asking for that order or other relief;

  • (h) whether the appellant, if he is in custody, wishes to be present in person when the appeal is heard; and

  • (i) the appellant’s address for service.

FORM OF NOTICE OF APPEAL

5. Where the appellant is the defendant the notice of appeal may be in Form 1 in the schedule to these rules and where the appellant is the prosecutor the notice of appeal may be in Form 2 in the schedule, varied in each case as the circumstances require.

SERVICE BY APPELLANT-DEFENDANT

6. Where the appellant is the defendant he shall

  • (a) within 30 days after the conviction or order was made or the sentence was imposed, whichever is later, file the notice of appeal with the Registrar and cause a copy of it to be served personally or by pre-paid registered mail on the respondent or on his solicitor or agent; and

  • (b) not later than seven clear days after the last day for service of the notice of appeal file with the Registrar proof of service of the notice on the respondent or on his solicitor or agent.