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.


After a trial and a finding of guilty and sentence, the defendent or the Crown Attorney can seek to appeal the finding of guilt or the sentence. Depending on whether the charges are summary or indictable, an appeal may be necessary.

Often a defendant will claim that the judge did not apply the correct law to the facts and or was sentenced far too harshly. The Crown can appeal an acquittal or a sentence that is lenient.

If a guilty plea was entered and the defendant did not understand the implication of entering a plea of guilt, the plea may be struck.

This is general advice only, please call our office at 416-469-3443 to discuss your case.