Canadian Criminal Law/Offences/Failure to Stop or Remain at Scene of Accident
|Failure to Stop or Remain at Scene of Accident|
|s. 252 of the Crim. Code|
|Election / Plea|
|Crown Election||Hybrid, Indictable (harm or death)|
|Jurisdiction||Prov. Court |
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
|Maximum||6 months jail or $5,000 fine (259)|
|Avail. Disp.||same as summary|
|Maximum||5 years jail|
10 years jail (harm)
life in jail(death)
|Offence Elements |
Failure to stop at scene of accident
252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
- (a) another person,
- (b) a vehicle, vessel or aircraft, or
- (c) in the case of a vehicle, cattle in the charge of another person,
and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.
(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.
Offence involving bodily harm
(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Offence involving bodily harm or death
(1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if
- (a) the person knows that another person involved in the accident is dead; or
- (b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.
(2) In proceedings under subsection (1), evidence that an accused failed to stop his vehicle, vessel or, where possible, his aircraft, as the case may be, offer assistance where any person has been injured or appears to require assistance and give his name and address is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability. ...
Proof of Offence
Including the time and date of the incident as well as the identity of the accused, the Crown must prove:
- the accused must be the operator of one of the vehicles
- the make and model of the vehicle driven by accused
- there must be an accident with a person, vehicle, or cattle
- the condition of the objects before and after collision
- the accused must be aware of the accident
- the accused did not stop, give his name/address or offer assistance to any injured persons
- the accused must flee for the purpose of escaping criminal or civil liability in relation to the accident
Section 252(2) creates a presumption where there is evidence of the accused failing to stop that is proof of intent to escape criminal or civil liability. This presumption can be negated by evidence of intoxication.
- R. v. Nolet (1980), OJ No. 3027 (Ont.CA).