Appeal No.

Notice of Appeal
Particulars Form B
To be used where Notice is fiied by counsei for an
Appellant or gp.^sSBair^TE^'Att^ney General -
Rule 845^27"^ C3-S

Her Majesty the Queen Ri&st jQdent

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Gilbert Paul Robinson Hiant
To: The Registrar, Am
The Court of Appeal of Alberta
The Court House, ^eaf

The Appeal is in respect of indictable offence, or by of further Appeal from the Court of Queen's Bench in
respect of a summary conviction offence Indictable Offence | |Summary Conviction

Place of Trial Edmonton

(or Court of Queen's Bench Appeal)

3. Name of Judge Justice A.W. Germain

4. Name of Court Court of Queen's Bench sitting with a jury

5. Name of Crown Prosecutor at Trial D. Hussain & V. Alexander

6. Name of Defence Counsel at Trial P. Royal & S. Chan

7. Offences of which Appellant convicted or acquitted

Convicted of Second degree murder

Sections of the Criminal Code or other Statutes under which Appellant convicted
Section 235(1) Criminal Code

9. Plea at Trial Not guilty

CTS1032(2009/09) Page 1 of 3
10. Sentence imposed:

Life imprisonment with parole ineligibility set at 13 years

11. Date of Sentence or Acquittal April 5, 2018

12. If Appellant in custody, place of incarceration

Edmonton Maximum Institution

TAKE NOTICE that the Appellant:(check all of the following that are applicable)
I ^^t^ppeals against conviction (or acquittal) on grounds involving a question of law alone
Q^PPidlies for Leave to Appeal his conviction on grounds involving a question of fact alone or a question of mixed law
fact, and if Leave be granted, hereby appeals against the said conviction
applies for Leave to Appeal against sentence, and if Leave be granted, hereby appeals against the sentence
The grounds of Appeal are annexed hereto.
The relief sought is:

An Order of acquittal or, in the alternative, the directing of a new trial.

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The Appellant wishes \ \ does not wish to be present at the hearing of the Appeal.

If apdw Trial is ordered and the Appeilant has a right to Trial by Judge and Jury, the Appellant
wishes I I does not wish the new Trial to be by Judge and Jury.

The Appellant's address for service is

Brian A. Beresh, Q.C.

Beresh Law
1202 Bell Tower, 10104 103 Avenue
Edmonton, AB T5J 0H9
P:(780)784-5850 F:(780)784-5851

Dated on OQau -j>L 5-01^

at (7a
TO I , Alberta. Counsel for the Appellant
CTS1032(2009/09) ' Page 2 of 3
 Grounds of Appeal

Appeal against conviction

1. That the learned trial Judge erred in law in failing to declare a mistrial based upon
relevant evidence not disclosed in a timely fashion by the prosecution.

2. That the leamed trial Judge erred in law in his final jury instruction in relation to the
elements of the offence required to be proven by the prosecution.

3. Such further and other grounds as may arise once the trial transcript has been prepared
and received.

Appeal of Sentence

4. That the leamed trial Judge erred in principle in determining the parole ineligibility
period.

5. That the learned trial Judge placed excessive weight on deterrence and denunciation in
determining parole ineligibility.

6. Such further and other grounds as may arise once the trial transcript has been prepared
and received.