INTRODUCTION AND BRIEF DESCRIPTION
Section 686(2) of the Criminal Code of Canada outlines the process that occurs when a court of appeal allows an appeal against a conviction. The section states that once an appeal has been granted under paragraph (1)(a), the court of appeal has two options: it can either direct a verdict or judgment of acquittal to be entered, or it can order a new trial to be conducted. The first option, directing a judgment of acquittal, means that the appeal was successful and the conviction is overturned. The accused is immediately free to go and will not be retried. The second option, ordering a new trial, means that while the appeal was successful, the accused will be retried in a lower court. This section is critical in ensuring that justice is served in criminal cases. Appeals are granted when there has been an error in law, procedure, or the weight given to evidence during the trial. If an appeal is not granted or if the conviction is not set aside, it puts an innocent person at risk of being wrongly convicted and potentially facing substantial consequences, such as imprisonment or a criminal record. Overall, Section 686(2) serves to safeguard the integrity of the justice system and ensure that individuals are not wrongfully punished for crimes they did not commit.
Section 686(2) of the Criminal Code of Canada is an important aspect of the Canadian legal system. This section provides guidelines for what happens when a lower court conviction is appealed to a court of appeal and that appeal is successful. The section is clear in outlining that a successful appeal means that the conviction must be quashed. There are two possible outcomes from here: a judgment of acquittal or a new trial. An appeal is a legal process that occurs after a conviction has been reached. It provides a mechanism for judicial review of a decision by a lower court. The appeals process is essential to ensuring that convictions are fair and just. It also ensures that any errors or mistakes made by a lower court can be addressed. A successful appeal provides an opportunity for a court of appeal to correct any issues that may have occurred during the original trial. The first possible outcome outlined in section 686(2)(a) is the direction of a judgment or verdict of acquittal. This means that the court of appeal has found that the evidence presented in the trial was not sufficient to prove the guilt of the accused beyond a reasonable doubt. This can happen for a variety of reasons, such as evidence being improperly admitted or a jury instruction being incorrect. An acquittal is a significant decision, as it means that the accused is no longer considered guilty of the crime they were convicted of. It also means that the case is closed, and no further legal action can be taken against them for that specific crime. The second possible outcome outlined in section 686(2)(b) is the order for a new trial. This means that the court of appeal has found that the original trial was flawed in some way and that the case needs to be retried. A retrial provides an opportunity for the prosecution to correct any issues that may have occurred during the original trial. It also offers the accused a chance to defend themselves again and potentially present new evidence or witnesses. Overall, section 686(2) provides a framework for the successful appeal of a conviction. It ensures that any errors or mistakes made during the trial can be corrected and that justice is served. It also provides clarity for the accused and the prosecution on the possible outcomes of a successful appeal. It is essential that the appeal process is fair and just to maintain public trust in the legal system. Section 686(2) is a valuable tool in achieving this goal.
Section 686(2) of the Criminal Code of Canada provides that when a court of appeal allows an appeal against a conviction, it may direct a judgment or verdict of acquittal, or order a new trial. This section is significant because it offers an opportunity for an appellant to challenge a conviction that they believe is unjust or flawed. However, even with the availability of this section, strategic considerations must be taken into account when dealing with an appeal under section 686(2). The first strategic consideration is the strength of the appellant's case. Before appealing, the appellant must consider if there are strong grounds for appeal. Appealing a conviction can be a time-consuming and costly process, and therefore, the appellant must weigh the potential costs and benefits. Seeking legal advice before deciding on an appeal can help to determine if there are strong grounds for appeal and what strategy should be employed. Another crucial strategic consideration is the timing of the appeal. The Criminal Code of Canada sets out strict timelines within which an appeal must be filed. It is imperative to adhere to these timelines as any delays or untimely appeal may result in the appeal being dismissed. Therefore, the appellant should ensure that they file their appeal within the stipulated timeframe. The scope of the appeal is yet another significant strategic consideration. Under section 686(2), a court of appeal can order a new trial or direct a verdict of acquittal. It is therefore important to determine the most appropriate remedy for the appeal. An acquittal is preferable since it eliminates the need for a new trial. In contrast, a new trial will require the parties to present their cases from scratch and may take longer and be more expensive. When appealing a conviction, it is essential to consider the impact of the appeal on the victim or victims of the crime. In addition, the appellant should be mindful of the public interest in upholding the rule of law and ensuring that individuals who have committed crimes face the consequences of their actions. These considerations may influence the appellant's decision on whether to appeal, as well as the strategy employed. Finally, the strategy employed when appealing a conviction must be considered carefully. The appellant must consider the legal arguments, the evidence, and the submission to be made before the court of appeal. Developing a strong legal argument supported by relevant case law and evidence is crucial when appealing a conviction. A thorough understanding of the procedural rules of the court of appeal is also essential. In conclusion, appealing a conviction under section 686(2) of the Criminal Code of Canada requires careful consideration of several strategic factors. The strength of the appellant's case, the timing of the appeal, the scope of the appeal, the impact of the appeal on the victim and public interest, and the strategy employed are crucial factors that must be considered. By paying close attention to these strategic considerations, appellant parties can increase their chances of success in appeals.