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New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal (SI/82-13)

Regulations are current to 2020-06-17 and last amended on 2010-05-01. Previous Versions

APPENDIX OF FORMS

FORM 63ANotice of Appeal

(by Attorney General or counsel instructed by him)

Court of Appeal File No. blank line

IN THE COURT OF APPEAL OF NEW BRUNSWICK

BETWEEN:

HER MAJESTY THE QUEEN

APPELLANT

— and —

(name of respondent)

RESPONDENT

Notice of Appeal

  • Appellant: Attorney General of New Brunswick (or of Canada)
  • Date of judgment: blank line
  • Date of sentence: blank line
  • Place of trial: blank line
  • Name of Court: (Court of Queen’s Bench or Provincial Court)
  • Name of judge: blank line
  • sitting with (or without) a jury.
  • Charge: blank line (here set out the indictable offence in the words of the indictment or information including reference to the statute creating the offence) blank line
  • Plea: guilty (or not guilty) blank line
  • (If applicable) The sentence imposed blank line (here set out particulars of sentence) blank line
  • 10 
    The lawyers at trial:
    • (a) For the Crown blank line

    • (b) For the accused blank line

  • 11 
    The appellant appeals against the judgment (or verdict) of acquittal on grounds involving a question of law alone (or applies for leave to appeal against the sentence passed and, if leave is granted, appeals against the sentence).
  • 12 
    The appellant will ask this court to set aside the judgment (or verdict) and order a new trial (or set aside the verdict and enter a verdict of guilty or vary the sentence).
  • 13 
    Grounds of appeal blank line (set out grounds) blank line
  • 14 
    Appellant’s address for service blank line
  • 15 
    (If applicable) The respondent is a young person as defined in the Young Offenders Act (Canada).

DATED at blank line, this blank line day of blank line, 19blank line

blank line
Counsel for the appellant
  • TO: 
    The Registrar of the Court of Appeal
  • The Respondent
  • SI/87-176, s. 1
  • SI/94-41, s. 12

FORM 63BNotice of Appeal

(by a convicted person represented by counsel)

Court of Appeal File No. blank line

IN THE COURT OF APPEAL OF NEW BRUNSWICK

BETWEEN: blank line(name of appellant)

APPELLANT

— and —

HER MAJESTY THE QUEEN

RESPONDENT

Notice of Appeal

  • Appellant: blank line
  • Date of conviction: blank line
  • Name of Court: (Court of Queen’s Bench or Provincial Court)
  • Name of judge: blank line
  • sitting with (or without) a jury.
  • The appellant was charged that he did (here set out the indictable offence in the words of the indictment or information including reference to the statute creating the offence).
  • Plea: blank line guilty (or not guilty) blank line
  • Sentence: blank line (give particulars) blank line
  • The lawyers at trial:
    • (a) For the Crown blank line

    • (b) For the accused blank line

  • The appellant appeals against his conviction on grounds of appeal that involve a question of law alone (or applies for leave to appeal against his conviction on grounds of appeal that involve a question of fact or a question of mixed law and fact and, if leave is granted, appeals against his conviction or applies for leave to appeal against the sentence and, if leave is granted, appeals against the sentence).
  • 10 
    The appellant will ask this court to allow the appeal, quash the conviction and direct a judgment (or verdict) of acquittal to be entered (or allow the appeal, quash the conviction and order a new trial or allow the appeal and vary the sentence).
  • 11 
    The grounds of appeal are blank line
  • 12 
    The appellant’s address for service is blank line
  • 13 
    (If applicable) The appellant is a young person as defined in the Young Offenders Act (Canada).

DATED at blank line, this blank line day of blank line, 19blank line

blank line
Counsel for the appellant
  • TO: 
    The Registrar of the Court of Appeal
  • SI/87-176, s. 2
  • SI/94-41, s. 13

FORM 63CNotice of Appeal

(by a convicted person not represented by counsel)

Court of Appeal File No. blank line

IN THE COURT OF APPEAL OF NEW BRUNSWICK

BETWEEN: blank line(name of appellant)

APPELLANT

— and —

HER MAJESTY THE QUEEN

RESPONDENT

Notice of Appeal

  • Name of appellant: blank line
  • Place of trial: blank line
  • Name of court: blank line (see note 1) blank line
  • Name of judge: blank line
  • Offence(s) of which convicted blank line (see note 2) blank line
  • Plea at trial: blank line
  • Sentence imposed: blank line
  • Date of conviction: blank line
  • Date of imposition of sentence: blank line
  • 10 
    Name and address of place where appellant is in custody, or if not in custody, the appellant’s address: blank line
  • 11 
    Name of defence counsel (if applicable) at the trial: blank line
  • 12 
    (If applicable) The appellant is a young person as defined in the Young Offenders Act (Canada), has applied for legal aid at (location of legal aid office) and has been refused a legal aid certificate (or as may be).

I, the above name appellant, hereby give you notice that I wish to appeal and if it is necessary for me to do so, apply for leave to appeal against my blank line (see note 3) blank line on the grounds hereinafter set forth.

I wish to present my case and argument (check one)

  • (a) in writing and in person blank lineblank line

(b) in writing only blank lineblank line

(c) in person blank lineblank line

If entitled, I wish to have (or do not wish to have) trial by judge and jury.

Grounds of Appeal

(These grounds must be filled in before the notice is sent to the Registrar. The appellant must here set out the grounds or reasons why the conviction should be quashed or the sentence reduced. This may be done on attached sheets.)

DATED this: blank line day of blank line, 19blank line

blank line(see note 5)
Appellant’s signature

To the Registrar

NOTE

(1) e.g., Court of Queen’s Bench of New Brunswick or a Judge of the Provincial Court or Deputy Judge of the Provincial Court.

(2) e.g., Theft, forgery, rape.

(3) If you wish to appeal against conviction, you must write the word “conviction”. If you wish to appeal against sentence, you must write the word “sentence”. If you wish to appeal against both conviction and sentence you must write the words “conviction and sentence”. If an appellant convicted of more than one offence wishes to appeal against some only of his convictions and sentences, he must state clearly the convictions or sentences against which he wishes to appeal.

(4) if you wish to submit your case and argument in writing you may serve your written argument with this notice of appeal, or within 14 days of receiving the transcript and the appeal book from the Attorney General.

(5) 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.

  • SI/87-176, s. 3
  • SI/94-41, s. 14

FORM 63DNotice of Appeal

(general form)

(Court, Court of Appeal File Number, Style of Proceeding)

Notice of Appeal

1 The appellant is (here set out identity of the appellant).

2 The appellant appeals against (here set out particulars of the conviction, order, dismissal or decision being appealed) made by the Honourable Mr. Justice blank line of the Court of Queen’s Bench (or His Honour Judge blank line of the Provincial Court or as may be) on blank line19blank line

3 The appellant appeals under (set out section of the Criminal Code authorizing the appeal).

4 Counsel at the trial (or hearing) were (set out names of counsel and who they represented).

5 The grounds of appeal are (set out grounds in detail and, if necessary, state whether they involve questions of law, fact or mixed law and fact).

6 The appellant will ask this court to allow the appeal and (set out particulars of order sought).

7 The appellant’s address for service is blank line

8 (If applicable) The appellant is a young person as defined in the Young Offenders Act (Canada) (if applicable), has applied for legal aid at (location of legal aid office) and has been refused a legal aid certificate (or as may be).

DATED at blank line, this blank line day of blank line, 19blank line

blank line
Appellant or Counsel for Appellant
  • TO: 
    The Respondent
  • TO: 
    The Registrar of the Court of Appeal
  • SI/87-176, s. 4
  • SI/94-41, s. 15

FORM 63ENotice of Abandonment

(Court, Court File Number, Style of Proceeding)

Notice of Abandonment

I abandon this appeal.

DATED at blank line, this blank line day of blank line, 19blank line

blank line
Appellant (or his counsel as may be)
This Notice was signed in the presence of
blank line
Witness
  • TO: 
    The Respondent
  • TO: 
    The Registrar of the Court of Appeal
  • If the Notice of Abandonment is signed by the appellant personally Rule 63.21(2) requires that his signature be verified by affidavit or witnessed by a solicitor or by an officer of the penal institution in which the appellant is confined.

This Rule with respect to Criminal Appeals to the Court of Appeal shall come into force on the day fixed by the Lieutenant-Governor in Council for the coming into force of the Rules of Court made under section 73.2 of the Judicature Act, R.S.N.B. 1973, chapter J-2, as amended, and thereupon the Criminal Appeal Rules 1964 made the 21st day of April, 1964 shall be repealed, without prejudice to any proceeding under the said Criminal Appeal Rules 1964 commenced prior to the coming into force of this Rule which may be continued and concluded under such Rules.

This Rule was made pursuant to section 438 of the Criminal Code by the Court of Appeal of New Brunswick with the concurrence of a majority of the Judges thereof present at a meeting held for the purpose at Fredericton, on the 28th day of July, 1981.

Charles J.A. Hughes, C.J.N.B.Henry E. Ryan, J.A.
R.V. Limerick, J.A.Guy A. Richard, J.A.
John N. Bugold, J.A.Stuart G. Stratton, J.A
 
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