New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal

Court of Appeal File No.

IN THE COURT OF APPEAL OF NEW BRUNSWICK

BETWEEN:

HER MAJESTY THE QUEEN

APPELLANT

— and —

(name of respondent)

RESPONDENT

Notice of Appeal

•  1 

  Appellant: Attorney General of New Brunswick (or of Canada)
•  2 

  Date of judgment:
•  3 

  Date of sentence:
•  4 

  Place of trial:
•  5 

  Name of Court: (Court of Queen’s Bench or Provincial Court)
•  6 

  Name of judge:
• sitting with (or without) a jury.
•  7 

  Charge: (here set out the indictable offence in the words of the indictment or information including reference to the statute creating the offence)
•  8 

  Plea: guilty (or not guilty)
•  9 

  (If applicable) The sentence imposed (here set out particulars of sentence)
• 10 

  The lawyers at trial:

  • (a) For the Crown

  • (b) For the accused

• 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 (set out grounds)
• 14 

  Appellant’s address for service
• 15 

  (If applicable) The respondent is a young person as defined in the Young Offenders Act (Canada).

DATED at , this day of , 19

• TO: 

  The Registrar of the Court of Appeal
• AND TO: 

  The Respondent

Court of Appeal File No.

IN THE COURT OF APPEAL OF NEW BRUNSWICK

BETWEEN: (name of appellant)

APPELLANT

— and —

HER MAJESTY THE QUEEN

RESPONDENT

Notice of Appeal

•  1 

  Appellant:
•  2 

  Date of conviction:
•  3 

  Name of Court: (Court of Queen’s Bench or Provincial Court)
•  4 

  Name of judge:
• sitting with (or without) a jury.
•  5 

  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).
•  6 

  Plea: guilty (or not guilty)
•  7 

  Sentence: (give particulars)
•  8 

  The lawyers at trial:

  • (a) For the Crown

  • (b) For the accused

•  9 

  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
• 12 

  The appellant’s address for service is
• 13 

  (If applicable) The appellant is a young person as defined in the Young Offenders Act (Canada).

DATED at , this day of , 19

• TO: 

  The Registrar of the Court of Appeal

Court of Appeal File No.

IN THE COURT OF APPEAL OF NEW BRUNSWICK

BETWEEN: (name of appellant)

APPELLANT

— and —

HER MAJESTY THE QUEEN

RESPONDENT

Notice of Appeal

•  1 

  Name of appellant:
•  2 

  Place of trial:
•  3 

  Name of court: (see note 1)
•  4 

  Name of judge:
•  5 

  Offence(s) of which convicted (see note 2)
•  6 

  Plea at trial:
•  7 

  Sentence imposed:
•  8 

  Date of conviction:
•  9 

  Date of imposition of sentence:
• 10 

  Name and address of place where appellant is in custody, or if not in custody, the appellant’s address:
• 11 

  Name of defence counsel (if applicable) at the trial:
• 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 (see note 3) on the grounds hereinafter set forth.

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

• (a) in writing and in person

(b) in writing only

(c) in person

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: day of , 19

(see note 5)

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.

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 of the Court of Queen’s Bench (or His Honour Judge of the Provincial Court or as may be) on 19

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

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 , this day of , 19

• TO: 

  The Respondent
• TO: 

  The Registrar of the Court of Appeal

Notice of Abandonment

I abandon this appeal.

DATED at , this day of , 19

• TO: 

  The Respondent
• TO: 

  The Registrar of the Court of Appeal
• NOTE: 

  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.