What is a summary conviction appeal?

A summary conviction appeal reviews the decision of the trial judge in a minor summary conviction matter such as a domestic assault, impaired driving, theft under $5,000, etc. This type of appeal is made in front of a single judge at the Superior Court of Justice of the given jurisdiction where the initial trial took place. The Court will determine whether the trial judge made any factual or legal errors in convicting or acquitting the accused and/or determine whether the sentence he or she received was fit and proper.

If the summary conviction appeal judge finds that significant errors were made by the trial judge, the appeal court has the power to order a new trial or increase or reduce the sentence imposed, as the case may be. In rare circumstances, a summary conviction appeal court has the power to dismiss the charges against the accused.