After reviewing a provincial offences case, there are generally five decisions the Appeal Court can make:

1. Dismiss the appeal. This means that, after hearing the evidence, the Appeal Court decides that the original trial was conducted properly, that the evidence supported the conviction, and that the sentence was appropriate.
2. Order a new trial. The Appeal Court may set aside the conviction and order a new trial if it finds that the trial was not fairly or properly conducted, or that a significant error of law was made.
3. Find the accused to be guilty. In cases where the accused was acquitted (or found not guilty), the Appeal Court may overturn this decision and find the offender guilty of an offence
4. Acquit the accused. Where an accused was found guilty by a lower court, the Appeal Court may overturn that decision and find the offender not guilty of the offence.
5. Change the sentence. The Appeal Court may change the sentence by making it more or less severe, or by removing or adding penalties, such as a fine or probation. The Appeal Court will consider whether the sentence is fair and in keeping with sentences imposed in similar cases.

More information

For more information, refer to the Ontario Courts Guide to Appeals in Provincial Offences Cases.

								
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