Hearing the Sentence Appeal Before the Conviction Appeal


As a general rule, where an appellant appeals both his or her conviction and sentence, the conviction appeal should be heard first. It is preferable that the appeals be heard together. The advantages of this order of proceeding are clear. It enhances the efficient use of the court’s resources, avoids the possibility of contradictory outcomes, and ensures that the panel hearing the sentence appeal has the benefit of the full context for the appeal.  Appeals from conviction and sentence should only be bifurcated where there are compelling reasons to do so.

The British Columbia Court of Appeal’s comments on this issue in R. v. Freeman (1998), 101 B.C.A.C. 79, at para. 5, are instructive:

The usual practice in this Court is to hear appeals from conviction prior  appeals from sentence, where both appeals are set to be heard in this Court. This is for the obvious reason that a successful conviction appeal renders a sentence appeal redundant. There may be exceptions to the practice, as, for example, where there is a pressing interest on the part of either the appellant or the public to have the usual order of hearing reversed. Each case must, of course, be decided on its merits.



R. v. M.W., 2015 ONCA 644 (CanLII).

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