Verdict, sentence, and appeal

The trial before a judge only

At the end of the trial, the judge must decide if the accused is guilty of each charge brought against him or her. The accused may be found:

• not guilty: he will be acquitted of the charges brought against him;
• guilty: the judge will determine his sentence (prison, fine, community projects, etc.).

He may be found guilty on some charges, and not guilty on others. 

In addition, the judge may find him guilty of a crime of lesser importance than the original charge. 

The judge may announce the judgment immediately or takes time to consider it at more length. It may be given orally or in writing.

The trial before a judge and jury

If the trial is held before a jury, the jurors listen to the judge's instructions and then withdraw to decide on a verdict of guilty or not guilty.

If the jury finds the accused guilty, the judge determines then the sentence.

Verdict of not criminally responsible

If the matter is raised, the judge or the jury can give a verdict of not criminally responsible for mental disorders. If it happens, the accused’s case will be given to the Review Board for mental disorders of Québec .

To be found not criminally responsible, evidence proving mental disorders must be presented before the Tribunal, including an expert witness.

After an accused is found guilty by the judge, the criminal and penal prosecuting attorney (the prosecutor) must suggest an appropriate sentence.

The sentence takes into account the seriousness of the crime and the impact on the victim.

To find out more about the criteria used by the judge for sentencing purposes, see the Sentence section on the page The judicial process in criminal cases.

Victims of domestic violence

In a domestic violence case, the prosecutor will bring to the judge’s attention the fact that the offender’s crime constituted mistreatment of his or her intimate partner or of a member of that partner’s family.

This may be an aggravating factor for sentencing purposes.

Victims of sexual violence

In a case of sexual violence, the prosecutor will bring the following aggravating factors to the judge’s attention, if applicable:

• the fact that the offender’s crime constituted mistreatment of his or her intimate partner or of a member of that partner’s family;
• the fact that the crime constituted an abuse of trust or authority.

Victims under the age of 18

The prosecutor will highlight the consequences of the crime on the victim’s development and wellbeing.

If you, as the victim, have been subjected to mistreatment, the prosecutor will bring this to the judge’s attention, and it may lead to a longer sentence.

Both the prosecutor and the defence lawyer have the option of appealing in front of an appeal tribunal the verdict or the sentence handed down by the judge.

They have 30 days from the date of the verdict to file an appeal. They also have 30 days from the date of sentencing to appeal the sentence.

Both deadlines may be extended in some cases.

If an appeal tribunal agrees to hear the case, it will assess the merits of the judge's decision. In a way, this is the "trial" of the decision. You won't have to testify.

The appeal tribunal may confirm, amend or strike down the judgment. It can also order the holding of a new trial.

Several months may elapse between the date on which the trial ends and the decision of the appeal court.

You can question the prosecutor about the appeal process, and he or she will give you the information available at the time.

If you are disappointed or unhappy with the verdict following the trial and/or with the sentence imposed on the offender, or if you do not understand the reasons behind them, you should contact the prosecutor assigned to the case to discuss your feelings.