What must occur for a criminal appeal to the NBCA?

For a criminal appeal to the New Brunswick Court of Appeal (NBCA) to proceed, the appellant (who may be either the defendant or the Crown) must file a notice of appeal. A criminal appeal can arise when either party seeks to challenge the decision of a lower court.

In this context, when the Crown believes that a legal error occurred that warrants a review of the case—such as a sentence that is deemed too lenient—it must serve notice of appeal to initiate the process. While the defendant can also file a notice of appeal, the emphasis in this option is on the Crown's role in proceeding with the appeal.

It is crucial to note that any appeal must adhere to specific time limits established by law. Typically, this time frame is 30 days from the date of the decision being appealed. Options suggesting that the appeal can be filed within a year or that the process is optional for the accused do not align with the procedural rules governing criminal appeals. An appeal is not voluntary for the parties involved; it is a critical step for seeking a legal remedy.

This underscores the importance of understanding the procedural roles of both the defendant and the Crown in the appeal process. Thus, serving the notice of appeal is a necessary action that