GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 31
31 (1) These Rules come into force on July 1, 2002, without prejudice to any proceeding which may have been taken prior to that date. (2) The Criminal Appeal Rules of the Newfoundland Supreme Court, Court of Appeal , registered in the Canada Gazette SI/87-129, are repealed effective July 1, 2002.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
( To be used where Notice is filed by Counsel on Behalf of Appellant )
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
(This Form A may be varied to meet the case where the Attorney General is the appellant, or where circumstances require changes in it.)
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 1
1 Section of the Criminal Code pursuant to which the appeal is taken
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 7
7 Offence(s) of which appellant convicted
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 8
8 Sections of the Criminal Code or other statutes under which appellant convicted
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 14
14 If the appellant is in custody, place of incarceration
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — (a)
Take notice that the appellant (insert whichever of the following is 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; or (c) applies for leave to appeal against sentence, and if leave be granted hereby appeals against sentence.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — (a)
(a) appeals against conviction on grounds involving a question of law alone;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — (b)
(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; or
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — (c)
(c) applies for leave to appeal against sentence, and if leave be granted hereby appeals against sentence.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
The grounds of appeal are annexed hereto as “Appendix A”.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
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.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
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
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Dated at , Newfoundland and Labrador, this day of , 20
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
TO: The Registrar Court of Appeal P.O. Box 937 287 Duckworth Street St. John’s Newfoundland and Labrador A1C 5M3
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
( To be used where Accused is not Represented by Counsel )
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 4
4 Name of court (Supreme Court of Newfoundland and Labrador — Trial Division; Provincial Court or Youth Court)
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 5
5 Name of your defence council (if any) at the trial
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 6
6 Offence(s) of which appellant was convicted (example: theft, forgery, sexual assault)
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 11
11 Is your appeal from a conviction or sentence under the Young Offenders Act ? Yes No
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 12
12 ( If applicable ) If the appellant is a young person as defined in the Young Offenders Act and has applied for legal aid, indicate the location of the legal aid office. Has the appellant been refused a legal aid certificate? Yes No
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Has the appellant been refused a legal aid certificate? Yes No
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 13
13 Name and address of place where appellant is in custody, or if not in custody, the appellant’s address
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 14
14 If the appellant is in custody, appellant’s address other than institution Note: The Rules of Court provide for delivery of certain materials to you at the address stated in the notice of appeal. If you change your address, notify the Registrar. If you do not notify the Registrar, delivery of documents at your old address will be deemed to constitute proper delivery to you and the appeal may proceed in your absence (even if you have not received the documents).
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Note: The Rules of Court provide for delivery of certain materials to you at the address stated in the notice of appeal. If you change your address, notify the Registrar. If you do not notify the Registrar, delivery of documents at your old address will be deemed to constitute proper delivery to you and the appeal may proceed in your absence (even if you have not received the documents).
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — (a)
I, the above appellant, hereby give notice that I desire to appeal and if necessary for me to do so, to apply for leave to appeal against (a) conviction only ; (b) sentence only ; or (c) both conviction and sentence .
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Note: If you are convicted of more than one offence and you wish to appeal against only some of your convictions, you must state clearly the convictions against which you wish to appeal.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Note: If you are convicted of more than one offence and you wish to appeal against only some of your sentences, you must state clearly the sentences against which you wish to appeal.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Note: You must here set out the grounds or reasons why the conviction should be quashed or the sentence reduced. If space is insufficient, put additional grounds on the reverse side of this Form.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
I wish to appeal for the following reasons: Grounds of appeal
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — (a)
I desire to present my case and argument (a) in writing only ; (b) in person ; or (c) in writing and in person .
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Note: If you desire to submit your case and argument in writing, you must file with the Court your written argument within 60 days after receiving the transcript and the appeal book from the Attorney General, unless otherwise allowed by the Court.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Note: If you had the right to be tried by judge and jury originally but chose a judge alone, you would have the right to be tried by judge and jury if a new trial is ordered but only if you indicate a desire to be so tried in this notice.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
If a new trial is ordered and you would have the right to trial by judge and jury, do you wish trial by judge and jury? Yes No
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Note: You must sign this notice. If you cannot write you must affix your mark in the presence of a witness. The name and address of the witness must be given.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
TO: The Senior Official of the Penal Institution ( if you are in custody )
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
If you are in custody, this notice of appeal is to be provided to the senior officer of the institution in which the appellant is imprisoned not later than 30 days after the date of sentence. If you are not in custody, this notice of appeal is to be provided to the Registrar not later than 30 days after the date of sentence.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Note: If more than 30 days have expired since the date of your sentence, then you must apply for an extension of time by completing the application below. If you do not apply to the Court for such extension of time or if your application for extension is refused, your appeal will be dismissed without further hearing.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
I hereby apply for an extension of time, within which I may launch the within appeal, on the following grounds. (State reasons for delay below.)
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
I hereby give notice that I, , abandon the appeal herein.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
(Appellant or appellant’s counsel, as the case may be.)
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — To:
To: Court Reporters’ Office of the Supreme Court of Newfoundland and Labrador — Trial Division (or the Provincial Court of Newfoundland and Labrador, as the case may be) located at (town/city) in the Province of Newfoundland and Labrador.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Pursuant to Rule 11 of the Criminal Appeal Rules , you are hereby requested to prepare a transcript of those portions of the record in the proceeding known as v. , cause no. as are specified as follows:
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Note: Check only such items as are applicable, and delete such portions of items as are inapplicable.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O The evidence taken at trial (whether taken in the presence or in the absence of the jury) together with objections to and rulings on admissibility of that evidence;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O The evidence taken at trial in the presence of the jury together with O objections to and rulings on admissibility of that evidence; O evidence taken on the voir dire(s) in relation to , and submissions made and rulings given in respect of same; O ;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O objections to and rulings on admissibility of that evidence;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O evidence taken on the voir dire(s) in relation to , and submissions made and rulings given in respect of same;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O The evidence of the following witnesses together with objections to and rulings on admissibility of that evidence: O O O O ;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O The evidence taken and submissions made on the issue of sentence;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O Proceedings in respect of the selection of the jury;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O The opening address of the trial judge;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O Submissions as to the proposed content of the judge’s charge to the jury and the judge’s rulings thereon and reasons;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O The final arguments, where there is no jury;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O Any objections to the judge’s charge to the jury and the judge’s rulings thereon and reasons;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O Submissions respecting questions from the jury and the judge’s rulings thereon and reasons;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O The recording of the verdict of the jury;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — O
O The reasons for sentence given by the judge;
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — (a)
On completion of preparation of the transcript, you are hereby requested to (a) deliver the original and three copies to the Registrar, Court of Appeal, P.O. Box 937, 287 Duckworth Street, St. John’s, Newfoundland and Labrador, A1C 5M3; and (b) either (i) notify the appellant(s) and respondent(s) that the transcript has been prepared and may be collected from your office; or (ii) forward one copy of the transcript by ordinary mail to each of the appellant(s) and respondent(s) as follows: Appellant(s): Respondent(s):
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — (a)
(a) deliver the original and three copies to the Registrar, Court of Appeal, P.O. Box 937, 287 Duckworth Street, St. John’s, Newfoundland and Labrador, A1C 5M3; and
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — (b)
(b) either (i) notify the appellant(s) and respondent(s) that the transcript has been prepared and may be collected from your office; or (ii) forward one copy of the transcript by ordinary mail to each of the appellant(s) and respondent(s) as follows: Appellant(s): Respondent(s):
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — (i)
(i) notify the appellant(s) and respondent(s) that the transcript has been prepared and may be collected from your office; or
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — (ii)
(ii) forward one copy of the transcript by ordinary mail to each of the appellant(s) and respondent(s) as follows: Appellant(s): Respondent(s):
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
(Signature of the appellant or appellant’s counsel)
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
I hereby certify that I have sent to the respondent’s counsel (or the respondent(s), if unrepresented,) and the court reporters’ office a true copy of the foregoing request for transcript by leaving it at, (or mailing it by ordinary mail to,) the following addresses: or by sending the same by facsimile transmission to (state facsimile number) on the day of , 20 .
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
or by sending the same by facsimile transmission to (state facsimile number)
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
I, (name of court reporter or supervisor of court reporters’ office) , hereby certify that the court reporters’ office received the within request for transcript on the day of , 20 and acknowledge that, on completion of preparation of same shall cause the original and copies to be delivered, provided or forwarded as requested.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — TO:
TO: Court Reporters’ Office of the Supreme Court of Newfoundland and Labrador — Trial Division (or the Provincial Court of Newfoundland and Labrador, as the case may be) located at (town/city) in the Province of Newfoundland and Labrador.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Pursuant to Rule 11(7) of the Criminal Appeal Rules , you are hereby requested to prepare a transcript of additional portions of the record in the proceeding known as v. , cause no. as follows: O O O O
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
Note: On completion of preparation of these additional portions of the transcript, you are hereby requested to deliver the original and copies to the Court and the parties in the same manner as the other portions of the transcript already requested.
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
I hereby certify that I have delivered to counsel for the other parties or the parties themselves, if unrepresented, and the court reporters’ office a true copy of the foregoing request
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 2
2 Present place of incarceration (if applicable)
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 3
3 If appellant released on bail pending appeal, date of release
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 4
4 Period spent in pre-trial or pre-sentence incarceration
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 7
7 Names of co-accused (if any) and sentences imposed for offences of which they were convicted
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 8
8 Prior criminal record (if any, if such was introduced at trial)
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 11
11 Appellant’s present age and age at time of offence
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 12
12 Was a pre-sentence report prepared? Yes No
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 13
13 Was there a victim impact statement? Yes No
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — 14
14 Were there any medical or psychiatric reports? Yes No
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
IN THE MATTER OF an Appeal by (name of appellant) from a conviction and (or) sentence entre against him (her) by Judge, on , 20 , for a breach of section of the Criminal Code or section of the Young Offenders Act
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
and (or) sentence entre against him (her)
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
AND IN THE MATTER OF an application by for bail pending appeal pursuant to subsection 679(3) of the Criminal Code
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
pending appeal pursuant to subsection 679(3)
Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) — Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)
An order has been made to allow the release of (name of appellant) from custody pending appeal, on the following terms and conditions: