Not all crimes are equal under the law. A summary offence is considered a less serious, or even petty crime. In Canada, these criminal actions are known as summary conviction offences, because there is no distinction between some felonies and a misdemeanor. An appeal of sentencing or conviction related to these lesser charges is possible through the Minor Offences Act appeals.
This type of legal procedure does not include some of the more serious felonies such as murder, rape and burglary, which usually require a trial by judge and jury. Lesser crimes, however, usually do carry a smaller fine or less prison time. Non-violent offences happen when a defendant does break the law, but not necessarily in a way that is violent or causes danger to others.
Specifically, such crimes can include simple marijuana possession of a small amount, with no intent to sell. Another kind of less-serious offence includes shoplifting, which is often committed by young people with no previous criminal history. Pressing charges is usually up to the shopkeeper. An appeals court will take into account the type of crime, background of the offender, or possible previous sentences.
Other broken laws falling into this category include some traffic infractions. Most of us have gotten traffic tickets for various infractions, and many are issued over what may seem to be trivial broken rules. The consequences of a history of multiple tickets can have a serious effect on future limits to driving, however, and they will always be noted in driving records accessed by possible future employers.
These and similar offenses do not require an arrest warrant, yet some of the sentences imposed include a short amount of prison time, in addition to a sizable fine, depending on the accusation. The maximum sentence for a summary conviction offense is six months of prison, and a fine not exceeding $5000, or both. Regardless, a person accused of even one of these lesser broken laws usually needs to have legal representation.
An appeal in this instance does not simply mean that a suspect wants to get the opinion of another judge and jury. It does not even mean that the decision was wrong in the eyes of the defendant. What it has to mean is that there were factual, specific errors made in reaching that conclusion. An appeal may question the conviction and sentence that may have been based on those errors.
When the conviction or sentence involves a lesser offence, summary convictions may be appealed to whichever "superior court" is utilized by a specific Canadian Province. The names of these courts differ, but their purpose is generally the same. If the appeal to the superior court is unsuccessful, then further appeal can be made through the highest level of court in a specific province, usually called the Court of Appeal.
An experienced lawyer is necessary to begin the appeals process. To reverse a conviction under the Minor Offences Act appeals, the question must be overturned by issues of law alone, not simply opinion. Without experienced representation, simply sifting through the legal documentation may be impossibly challenging. After the judge is presented with and reconsiders all the arguments, he or she will issue an opinion which may include dismissal, acquittal, a new sentence or differing penalties.
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