Indictable Offence Appeal (Misc) (Precedent)

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See also: Precedent - Appeals

Notice of Leave to Appeal, Sentence

Style of cause

C A N A D A File# ________________

PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Appellant

– and –

HIS MAJESTY THE KING

Respondent

NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AND NOTICE OF APPEAL

PARTICULARS OF SENTENCE

Place of Trial:	[court, city, province]
Name of Judge:	The Honourable Mr./Mrs. Justice Offence(s) of which Accused
Convicted:	[name of offence(s)]
Section(s) of Criminal Code or other Statute under which Accused Charged:	[section(s)]
Plea at Trial:	[guilty / not guilty]
Length of Trial:	[not applicable / X hours / X days]
Sentence Imposed:	[list all sentencing orders]
Date of Conviction	[date of conviction or guilty plea]
Date of Sentence:	[date of sentence]

TAKE NOTICE that the Applicant/Appellant, the Attorney General for the Province of [province], applies for leave to appeal against the sentence imposed, and if leave be granted, hereby appeals against the said sentence.

The grounds of appeal are:

☐ The sentence is manifestly unfit;

...

☐ Such further and other grounds of appeal as counsel may advise and this Honourable Court may permit.

The relief sought is that leave to appeal be granted, the appeal be allowed and the sentence increased substantially.

FOR THE PURPOSE OF THIS APPEAL/APPLICANT, THE APPELLANT/APPLICANT MAY BE SERVED AT:

In accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: [email protected]

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_________________________________
[Counsel's name]
[Counsel's title]

TO:	The Registrar of this Honourable Court
AND TO:	[accused / crown as the case may be]

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Notice to Adduce Fresh Evidence