4.2 Possible results of an appeal

Last Reviewed: June 2023 Reviewed by: Court of Appeal Staff

For a sentence appeal, the appeal court will usually give you an answer the day you make your appeal. But sometimes the court will reserve its decision (make it later) and you’ll have to wait. The appeal court can:

  • “Vary the sentence within the limits prescribed by law” (increase or decrease the sentence that the sentencing judge gave you).
  • Dismiss the appeal.

If the Crown wants a higher sentence, which is unlikely, you’ll be informed of this in writing before the hearing date.

Rather than risk an increased sentence, you can always abandon your appeal (see Abandoning your appeal). If you are considering this option, contact the Appeals Section of Legal Aid BC and ask for advice.

Appealing to the Supreme Court of Canada

If you want to appeal to the Supreme Court of Canada (SCC), contact the SCC Registry Office for information. Ask the registry office for their unrepresented criminal litigant appeals materials, or access the materials from the court’s website.

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