What is the test for a defendant to appeal a finding that they have been found guilty of sexual assault?
Saskatchewan, Canada
The following excerpt is from Hobman v. Diehl, 1980 CanLII 2186 (SK QB):
In reference to this section Martland, J., said the following in the case of Sanders v. The Queen (1970), 8 C.R.N.S. 345, at page 372: If the accused has appeared before the inferior court, and has entered a plea, and if, thereafter, the court has proceeded to try the issue raised by that plea upon the merits, then the accused, if he wishes to attempt to set aside the court’s decision, must, if he is given by law a right to appeal, Beek his redress by way of appeal only. The intention of this section was to preclude the co-existence of two remedies in those cases to which it applies, and to compel resort to appeal procedures where they are available.
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