Summary Conviction Appeals

As specialist criminal appeals lawyers, we can say whether you have grounds for a summary conviction appeal. We can handle the entire process for you, fighting on your behalf to overturn the trial judge’s decision.

Have you been wrongly convicted of a summary offence? If mistakes were made, you can file a summary conviction appeal. Another judge will review your case. If there is any indication that errors were made, your conviction must be set aside.

As specialist criminal appeals lawyers, we can say whether you have grounds for a summary conviction appeal. We can handle the entire process for you, fighting on your behalf to overturn the trial judge’s decision.

Can I make a summary conviction appeal?

You can make a summary conviction appeal if you have been convicted of a summary offence and one of the following applies:

1. The verdict is unreasonable or cannot be supported by the evidence
2. There was an error of law
3. There was a miscarriage of justice

You cannot make a summary conviction appeal simply because you do not like the trial judge’s decision. The court must have made an error of law or acted improperly in some way, which in turn influenced the final outcome. A summary conviction appeal is your chance to ask the court to right these wrongs.

We can advise whether you have grounds for a summary conviction appeal. If we are not already representing you, please contact us as soon as you are found guilty. We can assess whether mistakes have been made, paving the way for a summary conviction appeal.

What happens when I appeal a summary conviction?

We will submit an appeal application to the court, along with a written document called a factum. This sets out the legal argument for your appeal, outlining why the trial judge’s decision cannot be supported.

A summary conviction judge will then consider all the information, assessing whether or not the court acted improperly. This judge is not there to re-try you – he or she will not form their own opinion about whether you are guilty. Instead, the summary conviction judge will check that the correct rules were followed, and that you are guilty beyond reasonable doubt.

If the summary conviction judge finds issues with your original trial, then the verdict must be set aside.

Start your summary conviction appeal today

If you have been found guilty of a summary offence, contact us to discuss your next move. The lawyers at Mickelson & Whysall Law Corporation are highly experienced in summary conviction appeals. We have an excellent success rate and can help you secure the right verdict.