Apple Newton-Smith

Apple Newton-Smith is certified by the Law Society of Upper Canada as a specialist in criminal law, practising exclusively criminal and quasi criminal law at both the trial and appellate level.  She is also an Adjunct Professor at the University of Toronto, Faculty of Law, and a member of the Ontario Court of Appeal Appellate Duty Counsel panel.

Called to the bar in 1999, Apple Newton-Smith is a seasoned and highly effective trial lawyer who appreciates that the best defence begins by drawing on her talents as a skilled negotiator and her strong relationships with her opponents and the judiciary.  To the benefit of her clients, her reputation for integrity, sensitivity and perseverance precedes her in the courtroom.  Her litigation skills guarantee that when things have to go to trial the best defence will be brought to bear.

Alongside her trial practice, Apple Newton-Smith is also a highly respected and successful appellate lawyer.  In the appellate forum her trial experience provides her with a competitive edge.  She appears regularly at the Ontario Court of Appeal on behalf of private clients, as Appellate Duty Counsel and has appeared as an intervener for the Criminal Lawyer’s Association.

Apple Newton-Smith is actively involved in the profession as a member of the Criminal Lawyer’s Association Interventions Committee, having taught at the Criminal Lawyer’s Association Young Lawyer’s Conference, appeared on panels at the Newly Appointed Justice of the Peace’s program and the Osgoode Hall Law School CLE program, participated in the Newly Appointed Provincial Judge’s program and published articles for the Toronto Lawyer’s Association and Criminal Lawyer’s Association newsletters.  She teaches Evidence and Trial Advocacy at the University of Toronto Law School.

Results

2011 Sexual Assault, Gang Sexual Assault, Forcible Confinement, Administer Noxious Substance (multiple charges), all charges withdrawn at the request of the Crown following a lengthy preliminary inquiry in the Ontario Court of Justice, Toronto, before Justice Dizio

2011 1st Degree Murder Conviction appeal to the Ontario Court of Appeal, the appeal was successful and a new trial was ordered (272 C.C.C. (3d) 518)

2010 Assault with a Weapon conviction appeal to the Superior Court of Justice, Toronto, the appeal was successful and a new trial was ordered ([2010] O.J. No.680)

2010 Failure to Provide the Necessities of Life, Crown appeal of acquittal to the Superior Court of Justice, Toronto, the Crown appeal was dismissed and the acquittal was affirmed ([2010] O.J. No.2762)

2009 Constitutional Challenge to the DNA provisions of the Criminal Code in Youth Court, Toronto, before Justice Cohen, was successful and the legislation declared unconstitutional ([2009] O.J. No.1115)

2008 1st Degree Murder Conviction appeal to the Ontario Court of Appeal, the appeal was successful and a new trial was ordered (237 C.C.C. (3d) 107)

2008 2nd Degree Murder jury trial in the Superior Court of Justice, Toronto, client acquitted of murder and convicted of manslaughter ([2009] O.J. No.398)

2008 1st Degree Murder charge, successful negotiation of a plea to conspiracy to commit murder for 9 years before Durno J. in the Superior Court of Justice, Brampton, 1st degree murder charge withdrawn

2006 Aggravated Assault trial in the Superior Court of Justice, Toronto, before Goodman J., client acquitted

2004 2nd Degree Murder charge, charge dismissed by Hunter J. following a preliminary inquiry in the Ontario Court of Justice, Belleville

2002 Sexual Assault trial in the Superior Court of Justice, Toronto, before Juriansz J., client acquitted ([2002] O.J. No.5364)

2001 Aggravated Assault jury trial in the Superior Court of Justice, Toronto, before Epstein J., client acquitted

2000 Attempt Murder jury trial in the Superior Court of Justice, Toronto, before Low J., client acquitted

1999 Trafficking (cocaine) trial in the Superior Court of Justice, Toronto, before Hoillet J., client acquitted