Criminal Appeals Lawyer Toronto | Sam Goldstein

Sam Goldstein, a Toronto criminal appeal lawyer, has argued criminal appeals at every level of court in Canada including the Supreme Court of Canada. He is known for his thoughtful creativity in arguing uncharted areas of the law and forceful advocacy skills.

Successful criminal appeals begin with a careful analysis of the trial judge’s decision in judge-alone trials. The judge may have made an error in applying the law or may have missed or misstated an important fact. In jury trials, it is essential to review the judge’s instructions to the jury to determine whether the jury was properly guided in its role.

A vital step in an appeal case is applying for bail pending appeal. Filing this application before the sentencing date is critical to ensuring that the person can pursue their appeal while out of custody.

What is a criminal appeal?

A criminal appeal is a request for a higher court to review a lower court’s decision to determine whether any errors of law or fact were made. For example, an error of law may occur if the trial judge allowed evidence that should not have been admissible. An error of fact may arise if the judge misstated or failed to reference an important piece of evidence.

Appeal process breakdown

The criminal appeal process in Ontario typically begins by filing a Notice of Appeal within a specific timeframe, usually 30 days from sentencing. Missing this deadline can result in the appeal being dismissed unless special permission (leave to appeal) is granted.

Key stages include:

• Reviewing grounds for appeal: Not every unfavourable verdict qualifies for appeal. Valid grounds include legal errors, unreasonable verdicts, or miscarriages of justice.
• Preparing appeal materials: This involves obtaining trial transcripts, drafting factums (written arguments), and gathering evidence that supports the appeal.
• Court of appeal hearing: The Ontario Court of Appeal will review the written materials and hear oral arguments. In most cases, no new evidence is introduced unless exceptional circumstances exist.
• Possible outcomes: The appeal court can dismiss the appeal, order a new trial, vary the sentence, or, in some cases, enter an acquittal.

Throughout the process, clients can expect clear communication, thorough case review, and strategic advocacy aimed at achieving the best possible outcome. Criminal appeals are complex and time-sensitive, and having an experienced criminal appeals lawyer in Toronto like Sam Goldstein can make a significant difference.

What is the difference between a summary conviction appeal and an indictable appeal?

A summary conviction appeal is heard by a judge of the Ontario Superior Court of Justice. An indictable appeal is heard by a panel of three judges at the Ontario Court of Appeal. The final level of appeal is the Supreme Court of Canada. Regardless of whether the appeal is summary or indictable, the grounds for appeal remain the same.

What is a sentence appeal?

In addition to appealing a finding of guilt, sentences can also be appealed. The test for a sentence appeal is whether the sentence handed down was manifestly unjust. This can mean that the judge started with too high a starting point, gave too much weight to an aggravating factor, or gave too little weight to a mitigating factor.

Types of criminal appeals

Not all criminal appeals are the same. Some challenge the conviction itself, while others focus on reducing the sentence imposed. Each type involves different legal strategies and presents unique challenges.

Conviction appeals

A conviction appeal seeks to overturn a finding of guilt. These appeals argue that a legal or factual error during the trial led to a wrongful conviction. Common grounds include:

• Errors in applying the law
• Misinterpretation of evidence
• Improper jury instructions
• Violations of constitutional rights

Conviction appeals are complex because courts of appeal give significant deference to trial findings, especially when it comes to witness credibility and factual determinations. The accuser must demonstrate that the error had a material impact on the verdict.

Sentence appeals

A sentence appeal does not dispute the finding of guilt but argues that the punishment is too harsh or not in line with legal principles. Reasons may include:

• The sentence exceeds the range for similar offences
• The judge failed to consider mitigating factors
• The sentence is unfit or disproportionate

While courts are somewhat more flexible with sentence appeals, they will not intervene unless the sentence is demonstrably unfit or based on an error in principle. The accuser must show that the sentencing judge exercised discretion improperly.

Whether you’re appealing a conviction or seeking a more reasonable sentence, Sam Goldstein brings extensive experience and a strategic, evidence-based approach to every case.

What are the grounds of appeal?

In addition to the grounds discussed above, a common ground of appeal is the introduction of ‘fresh evidence’—evidence that was not reasonably available at the time of the trial. Fresh evidence can also be presented in sentencing appeals to show that the individual has taken corrective steps while out on bail. Another emerging ground of appeal is the ineffectiveness of trial counsel. For example, this may arise if the lawyer failed to investigate known information that pointed to the client’s innocence.

Appeals take time. It is important to file your intention to appeal after you have been convicted while you are still awaiting sentencing so you can ask for bail the day you step into custody. Call me. Either my associate Angelo Veneziano or I will take care of you.

“Have an appeal. Will wear gloves.”

I worked for a judge who told me that good appellate lawyers do not find reasons why a lower decision is wrong, they create reasons and convince a higher court why the client should have won. That’s how I approach your case.

Do you need a lawyer for your criminal appeal? Call 416-927-1211 to speak directly with Sam Goldstein.