P-15 - Summary Convictions Act

Section 77 Disposition versions

1977-12-31

77. (1)  The court to which such appeal is made shall thereupon hear and determine the appeal and make such order therein, with or without costs to either party, including costs of the court below, as seems meet to the court; and, in case of the dismissal of the appeal of the defendant or accused, shall order and adjudge the appellant to be punished according to the conviction or to pay the amount adjudged by the order, and to pay such costs as are awarded, and shall, if necessary, issue process for enforcing the judgment of the court.

(2)  In any case where security has been furnished as provided in paragraph 5 of section 76, if the conviction or order is affirmed, the court may order that the sum thereby adjudged to be paid, together with the costs of the conviction or order, and the costs of the appeal, shall be paid out of the money deposited, and that the residue, if any, shall be paid to the appellant; and if the conviction or order is quashed the court shall order the money to be repaid to the appellant.

Such order of the court shall not be executory before the expiry of the delay of fifteen days provided for in section 110.

(3)  The court to which such appeal is made shall have power, if necessary, by order endorsed on the conviction or order, to adjourn the hearing of the appeal from one sitting to another, or others, of the said court.

(4)  Whenever any conviction or order is quashed on appeal, the clerk of the Crown or other proper officer shall forthwith endorse on the conviction or order a memorandum that the same has been quashed.

(5)  Whenever any copy or certificate of such conviction or order is made, a copy of such memorandum shall be added thereto, and shall, when certified under the hand of the clerk of the Crown, or of the officer having the custody of the same, be sufficient evidence, in all courts and for all purposes, that the conviction or order has been quashed.

R. S. 1964, c. 35, s. 74; 1975, c. 11, s. 5.