Should you appeal your conviction or sentence?

It is no surprise that when someone is found guilty of a criminal offence they are rarely happy. A successful appeal of a conviction or sentence has to be grounded on an error of law. Did the trial judge apply the law incorrectly? Did the judge give the jury the wrong law? That the complainant was lying or the officer had it in for you, may not be enough to overturn the decision. If you wish to appeal the sentence, the question is whether the sentence that was given to you was very high, that it did not take into account mitigating facts, that is facts that were positive about you, such as you pled guilty, that you turned your life around after you were charged or that you made restitution, or your sentence was higher than your co-accused.

These are some of the issues that may support an appeal. However, an appeal court may not overturn the conviction and/or sentence despite these legal issues.

Please contact criminal appeal counsel such as Prince Law Office to get advice about your specific case.

Forfeiture beyond the grave

Even if the accused dies, the Attorney General of Ontario can pursue a civil forfeiture order using the Civil Remedies Act, 2001. In the 2020 case AG (Ont) v. 947014 Ontario Inc & Michael Norwood (Estate) the Ontario Attorney General requested forfeiture of the proceeds from the sale of the house and business of the late Mr. Norwood, the owner of the Silver Dollar night club . The AG claimed that this money was proceeds of crime from Mr. Norwood’s drug trafficking. He was before the court on drug trafficking charges when he passed away. In two cases before the Superior Court, the Court recognized that his mother was a responsible owner and gave her a portion of the seized funds. A creditor, with a court judgement in the amount of $125, 000 against the numbered company that owned the Silver Dollar, was also paid from the seized funds