Manitoba Criminal Appeal Rules (SI/92-106)

Regulations are current to 2016-09-18 and last amended on 2010-07-01. Previous Versions

SCHEDULE

FORM 1(Subrule 3(1))Notice of Appeal/Notice of Application for Leave To Appeal by Accused

IN THE MATTER OF (name of accused in full)(D.O.B. D/M/Y) convicted (or pleaded guilty) on the day of 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre), and was sentenced on the day of , 20 before (name of judge) at the (name of court) in (court centre), and now in custody at (name of institution or penitentiary)

or

whose last known address is:

The accused intends to (appeal or apply for leave to appeal) to The Court of Appeal against the (conviction and/or sentence) on the following grounds:

And such further grounds as counsel may advise and This Honourable Court may permit.

The accused wishes to present his/her case and argument (in writing or by oral argument)

The accused (desires or does not desire) to be present in person at the hearing of the appeal.

WAS ORAL EVIDENCE TENDERED AT TRIAL?  YES  NO
HAS A TRANSCRIPT OF THE EVIDENCE WITH RESPECT TO CONVICTION AND/OR SENTENCE BEEN ORDERED FROM TRANSCRIPTION SERVICES?  YES  NO

Address for service for the accused is (Address of accused or counsel for accused)

DATED this day of , 20.

(Signature of accused or counsel for accused)

TO:The Registrar of The Court of Appeal
Law Courts Building
100E - 408 York Avenue
Winnipeg, MB R3C 0P9
AND TO:Manitoba JusticeORDepartment of Justice Canada
Criminal ProsecutionsCriminal Prosecutions
5th Floor - 405 Broadway301 - 310 Broadway
Winnipeg, MB R3C 3L6Winnipeg, MB R3C 0S6

FORM 2(Subrule 3(1.1))Notice of Appeal/Notice of Application for Leave To Appeal from Acquittal by Crown

IN THE MATTER OF (name of accused in full)(D.O.B. D/M/Y) acquitted on the day of , 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre)

Last known address of accused:

The Attorney General of the Province of Manitoba/The Attorney General of Canada, (appeals or applies for leave to appeal) to The Court of Appeal against the acquittal of the accused on the following grounds:

And such further grounds as counsel may advise and This Honourable Court may permit.

The Court will be asked to reverse the acquittal and

The address for service of the Attorney General is:

WAS ORAL EVIDENCE TENDERED AT TRIAL?  YES  NO

HAS A TRANSCRIPT OF ALL RELEVANT EVIDENCE BEEN ORDERED FROM TRANSCRIPTION SERVICES?  YES  NO

DATED this day of , 20.

Signature of counsel

TO:The Registrar of The Court of Appeal
Law Courts Building
100E — 408 York Avenue
Winnipeg, MB R3C 0P9
AND TO:The accused
AND TO:Counsel for the accused

FORM 3(Subrule 3(1.1))Notice of Appeal/Notice of Application for Leave To Appeal from Sentence by Crown

IN THE MATTER OF (name of accused in full)(D.O.B. D/M/Y convicted (or pleaded guilty) on the day of 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre), and was sentenced on the day of , 20 before (name of judge) at the (name of Court) in (court centre), and now in custody at (name of institution or penitentiary)

or

whose last known address is:

The Attorney General of the Province of Manitoba/The Attorney General of Canada, (appeals or applies for leave to appeal) to The Court of Appeal against the sentence imposed on the accused on the following grounds:

And such further grounds as counsel may advise and This Honourable Court may permit. The Court of Appeal will be asked to impose a fit sentence.

The address for service of the Attorney General is:

HAS A TRANSCRIPT OF ALL RELEVANT EVIDENCE FROM THE SENTENCING HEARING BEEN ORDERED FROM TRANSCRIPTION SERVICES?  YES  NO

DATED this day of , 20.

Signature of counsel

TO:The Registrar of The Court of Appeal
Law Courts Building
100E — 408 York Avenue
Winnipeg, MB R3C 0P9
AND TO:The accused
AND TO:Counsel for the accused

FORM 4(Rule 33)Judicial Interim Release Order in the Court of Appeal

The Honourable)
) the day
)of 20
)
In Chambers)

In the matter of the appeal of (name of accused in full) convicted at (name of court) by (name of judge) on the day of 20, and sentenced on the day of 20, of (state the charge(s) in full) and now in custody at (name of institution or penitentiary)

[ ]LEAVE TO APPEAL (WHERE NEEDED) HAVING BEEN GRANTED

APPLICATION OF THE ABOVE-NAMED ACCUSED

[ ] DENIED[ ] WITHDRAWN[ ] GRANTED

[ ] BASED ON ACCUSED’S PERSONAL UNDERTAKING

OR

[ ] BASED ON ACCUSED’S RECOGNIZANCE $

[ ] WITH SURETY/SURETIES $

[ ] WITH CASH DEPOSIT $

OTHER CONDITIONS:

[ ]

KEEP THE PEACE AND BE OF GOOD BEHAVIOUR:

[ ]

REMAIN WITHIN:

[ ]

RESIDE AT:

[ ]

ABSTAIN FROM COMMUNICATING WITH:

[ ]

ABSTAIN FROM ALCOOL

[ ]

ABIDE BY ALL RULES AND REGULATIONS OF:

[ ]

ATTEND IN PERSON AT THE HEARING OF THE APPEAL AND REPORT TO THE CLERK OF THE COURT OF APPEAL, ROOM 330, LAW COURTS BUILDING, WINNIPEG, NO LATER THAN TEN MINUTES BEFORE THE SCHEDULED HEARING OF THE APPEAL

[ ]

THE ACCUSED OR COUNSEL FOR THE ACCUSED MUST CONFIRM THAT A TRANSCRIPT OF ALL APPLICABLE EVIDENCE HAS BEEN ORDERED WITH RESPECT TO CONVICTION AND/OR SENTENCING FROM TRANSCRIPTION SERVICES

[ ]

THE ACCUSED UNDERTAKES TO ABIDE BY THE RULES OF COURT FOR THE FILING OF A FACTUM AND TO PROCEED WITH A HEARING OF THE APPEAL, ON A DATE TO BE FIXED, NO LATER THAN THE DAY OF , 20

[ ]

OTHER

DATED this day of , 20 at Winnipeg, Manitoba.

FIAT:

J.A

FORM 5(Rule 34)Recognizance

WHEREAS (name of accused in full)(D.O.B. D/M/Y) was convicted on the day of , 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre), and was sentenced on the day of , 20 by (name of judge) to (sentence imposed), and now in custody at (name of institution or penitentiary) and has appealed to The Court of Appeal, and has applied for judicial interim release pending the hearing and disposition of the appeal, and an order having been made allowing judicial interim release

 upon the accused giving an undertaking

or

 upon the accused entering into a recognizance

in the sum of $ with surety/sureties, each in the sum of $ and subject to the conditions specified in the attached order.

The accused now personally comes before me,

 to confirm in writing the undertaking

or

 to enter into the recognizance in the sum of $ be made and levied on the accused’s goods and chattels, lands and tenements to the use of Her Majesty the Queen, her heirs and successors, if the accused fails to abide by the conditions contained in the said order.

ANY NOTICES in connection with the appeal are to be addressed to the accused’s place of residence, namely

and no change of residence shall be made without notification to the registrar of The Court of Appeal.

DECLARED AND ACKNOWLEDGED before me this day of , 20, at Winnipeg, Manitoba.

RegistrarSignature of accused

FORM 6(Rule 34)Recognizance of Surety

WHEREAS (name of accused in full)(D.O.B. D/M/Y) was convicted on the day of , 20, of (state the charge(s) in full) before (name of judge) at the(name of court) in (court centre), and was sentenced on the day of , 20 by (name of judge) to (sentence imposed) and now in custody at (name of institution or penitentiary) and has appealed to The Court of appeal, and has applied for judicial interim release pending the hearing and disposition of the appeal, and an order having been made allowing judicial interim release upon the accused entering into a recognizance in the sum of $ with surety/sureties, each in the sum of $ and subject to the conditions as specified in the attached order.

(name of surety in full), now personally comes before me, to enter into a recognizance in the sum of $ , as surety, to be made and levied on the surety’s goods and chattels, lands and tenements to the use of Her Majesty the Queen, her heirs and successors, if the accused fails to abide by the conditions contained in the order.

DECLARED AND ACKNOWLEDGED before me this day of , 20, at Winnipeg, Manitoba.

Registrar(Signature of Surety)
(Address & Phone Number of Surety)

FORM 7(Rule 35)Direction for Release

IN THE MATTER OF (name of accused in full)(D.O.B. D/M/Y) convicted on the day of , 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre), and was sentenced on the day of , 20 by (name of judge) to(sentence imposed), and now in custody at(name of institution or penitentiary). An order having been made admitting the accused to judicial interim release pending the hearing and disposition of the appeal

 upon the accused giving an undertaking

or

 upon the accused entering into a recognizance subject to conditions and with sureties as ordered.

I now notify you that the accused, having been allowed judicial interim release, has the right to be released from custody (unless he/she is detained for some other cause), pending the hearing and disposition of the appeal.

DATED this day of , 20 at Winnipeg, Manitoba.

Registrar of The Court of Appeal

TO: (The superintendent or warden of institution or penitentiary where the accused is in custody)

  • SI/2003-136, s. 16.
 
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