How can I appeal my conviction or sentence in a criminal case?

You’re convicted when you’re found guilty of committing a crime.

You receive a sentence as punishment after being found guilty of or pleading guilty to committing a crime. Sentences may include fines, community supervision, or time in prison.

You appeal a case when you ask a higher court to review the decision of a lower court because you believe there has been a serious error that has affected the outcome of your case — for example, if the judge has made a mistake about the facts of your case, or in applying the law to your case.

You can appeal either your conviction, your sentence, or both.

Helpful resources

• How to Appeal Your Conviction (Legal Aid BC): This booklet explains how to appeal a conviction for a summary or indictable criminal offence. It’s for people who may or may not be in custody, but have to conduct their appeal without a lawyer. It includes a sample factum and affidavit, and removable blank forms.
• How to Appeal Your Sentence (Legal Aid BC): This booklet explains how to appeal a sentence if someone has been convicted of a summary or indictable criminal offence. It’s for people who may or may not be in custody, but have to conduct their appeal without a lawyer. It contains a sample affidavit and removable blank forms.

Helpful services

• Brydges Line  (Legal Aid BC): If you’re in custody, call to speak to a lawyer at any time. 
• Legal Aid BC Call Centre: Call to find out if you qualify for legal aid.
• Lawyer Referral Service (Access Pro Bono): This service offers a free, brief initial consultation with a lawyer to determine your legal needs. If you’d like further help from your lawyer, you can retain them at a rate you both agree to.
• Find more services.