Canadian Criminal Sentencing/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) |
| Indictable Dispositions | |
| Avail. Disp. | same as summary |
| Maximum | 5 years jail 10 years jail (harm) life in jail(death) |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation
[edit | edit source]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.
Punishment
(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.
Evidence
(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.
...
– CCC
Application
[edit | edit source]Principles
[edit | edit source]Failing to stop at a scene of an accident where there were injuries or death inflicted has been found to be a serious personal injury offence and therefore not eligible for a conditional sentence.[1]
Where there was no accompanying charge for dangerous driving or the like, it is not appropriate to sentence for the accused's conduct in operating the motor vehicle that resulted in the accident.[2]
- ↑
R. v. Dhaliwal, 2012 MBQB 155
R. v. Schmitt, 2011 ONCJ 546
R. v. Foley, 2010 NSSC 449
- ↑ R. v. Wieczorek 2010 ONCJ 582 at para 46 and 47
R. v. Camiré 2010 QCCA 615
Factors
[edit | edit source]Primary Factors
- whether there are injuries
- prior vehicle-related record
- consumption of alcohol
- erratic or dangerous driving
- efforts to cover up or avoid detection