Omission de s’arrêter à la suite d’un accident (jurisprudence des peines)
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Offence Wording
- Failure to stop after accident
320.16 (1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.
- Accident resulting in bodily harm
(2) Everyone commits an offence who commits an offence under subsection (1) [défaut de s'arrêter après un accident] and who at the time of committing the offence knows that, or is reckless as to whether, the accident resulted in bodily harm to another person.
- Accident resulting in death
(3) Everyone commits an offence who commits an offence under subsection (1) [défaut de s'arrêter après un accident] and who, at the time of committing the offence, knows that, or is reckless as to whether, the accident resulted in the death of another person or in bodily harm to another person whose death
2018, c. 21, s. 15.
[annotation(s) ajoutée(s)]
Digests
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Vanasse, 2016 ABCA 329 (CanLII), 43 Alta LR (6th) 1, par curiam (2:1) |
AB  |
CA | 9 mois d'emprisonnement | The accused pled guilty to failing to stop after hitting and killing a pedestrian. "The accused hit a pedestrian, left the scene, at first denied involvement, but turned himself into the police about 55 minutes later. The accused had had a difficult childhood, and there was evidence that he might have fled the scene as a result of a traumatically triggered instinct to flee, or “by an autonomic flight response and/or factors including psychological immaturity, unstable family background, lack of appropriate role model and situational stressors”. The sentencing judge recognized the need for deterrence but concluded his actions “were more properly attributed to the autonomic response he experienced, rather than ‘callous disregard’”" There were 29 reference letters filed. Trial judge gave 90 days. Trouver des résumés de cas. |
| R v Marthinus, 2016 BCSC 1016 (CanLII), {{{4}}} |
BC  |
SC | 6 months CSO | "the offender pled guilty to impaired driving causing bodily harm and failing to stop at the scene of an accident. On December 20, 2013, the offender was driving too fast for the slippery road conditions, and struck a pedestrian from behind. The pedestrian was thrown up on the hood of the vehicle, and the offender drove another 50 feet before suddenly stopping. The victim flew forward another 10 feet and struck her head. The offender drove away several hundred meters, ignoring people who were telling him not to leave the scene of the accident, before being stopped by police. At the time of the offence, the offender had a blood alcohol concentration of over 100 mg of alcohol in 100 mL of blood." Trouver des résumés de cas. |
| R v McConkey, 2016 ABPC 64 (CanLII), par Malin J | AB |
PC | 12 months CSO | The offender made a left-hand turn and collided with a motorcyclist. He made some effort to get the victim medical assistance, but then fled the scene. There was limited evidence that he was impaired. Trouver des résumés de cas. |
| R v Cook, 2013 SKPC 161 (CanLII), par Hinds J | SK  |
PC | 90 days + P + 2 year Driving | Trouver des résumés de cas. |
| R v Peebles, 2013 MBQB 234 (CanLII), par Greenberg J | MB  |
SC | 5 months + 1 year Driving | Offender hits pedestrian who later dies of injuries. Trouver des résumés de cas. |
| R v Pijogge, 2013 CanLII 1968 (NLSCTD), par Stack J | NL  |
SC | 6 months CSO | Offender failed to remain at the scene of the collision where she knew bodily harm result. She was first time offender and had an aboriginal background. Trouver des résumés de cas. |
| R v Dhaliwal, 2012 MBQB 155 (CanLII), par McKelvey J | MB |
SC | 12 mois d'emprisonnement | no CSO available due to SPI Offence |
| R v LLC, 2012 ABPC 103 (CanLII), par Van de Veen J | AB |
PC | 24 mois d'emprisonnement | also charged with impaired driving; assault peace officer with a weapon Trouver des résumés de cas. |
| R v Peragine, 2012 BCPC 355 (CanLII), par Harris J | BC |
PC | 6 months CSO | Offender hit a pedestrian with his car who later dies. He fled the scene and attempted to hide evidence of the accident. He is stopped by police and lies about the damage to his car. The offender was arrested two years later. Trouver des résumés de cas. |
| R v Alves, 2012 BCPC 403 (CanLII), par Giardini J | BC |
PC | 4 months + P + 2 year Driving | Offender hit a 77 year old pedestrian who was crossing the street. He initially stayed around the scene and assisted but decided to leave before police arrived. The pedestrian later died due to the injuries. Trouver des résumés de cas. |
| R v Bruce, 2012 ABPC 8 (CanLII), par Fradsham J | AB |
PC | 5 months + 2 year Driving | Offender was threatened while in his vehicle. He tried to leave and hit a man in the process. The man later died of his injuries. The offender was arrested shortly after and was cooperative. He plead guilty and agreed he knew that the man had been hit when he fled. The offender was 24 years old and only had one minor vehicle violation. Trouver des résumés de cas. |
| R v Schmitt, 2011 ONCJ 546 (CanLII), par Dean J | ON  |
PC | 5 mois d'emprisonnement | Trouver des résumés de cas. |
| R v Sanghera, 2009 BCPC 24 (CanLII), par Gulbrannsen J | BC |
PC | 1 year CSO | Offender hit and killed a pedestrian then fled. Offender was found by police and initially denied responsibility and lied about damage to his vehicle. Offender was 30 years old with no record. Trouver des résumés de cas. |
| R v Dhaliwal, 2008 BCPC 451 (CanLII), par Ellan J | BC |
PC | 6 mois d'emprisonnement + P + 3 year Driving | Offender hit a pedestrian who died. Offender fled and returned shortly after. He did not know that there was a pedestrian involved at the time of flight. After being threatened to be turned in, he voluntarily reported himself to police, giving an inculpatory statement. Offender plead guilty and had no record. Trouver des résumés de cas. |
| R v Fournier, 2008 QCCQ 9204 (CanLII), par Boyer J | QC | CQ | 18 mois d'emprisonnement | The accused attempted to conceal his vehicle and cover up the accident. Trouver des résumés de cas. |
| R v Helton, 2007 BCPC 383 (CanLII), par Hicks J | BC |
PC | 12 month CSO + 3 year Driving | Offender hit and killed a pedestrian and then fled the scene. Collision was not the offender's fault. The offender was only found out a year after the accident. He gave an inculpatory statement to police. Offender was 21 years old with only a minor driving record. Trouver des résumés de cas. |
| R v Clements, 2002 PESCTD 7 (CanLII), par MacDonald J | PEI | SC | Ordonnances de probation | "Mr. Clements hit the victim’s motorcycle with his vehicle causing severe injury to the victim. Due to his many Highway Traffic Act convictions, Mr. Clements panicked, and fled the scene. Mr. Clements was a 30-year-old, low-functioning illiterate who had custody of one of his five children. He had no criminal record. The court suspended the passing of sentence, and put the offender on probation for two years, with a requirement that he perform 100 hours of community service. There was also a one-year driving prohibition." Trouver des résumés de cas. |
| R v Lisi, 2001 BCCA 559 (CanLII), par Esson JA | BC |
CA | 3 months + 1 year Driving | Offender hit a pedestrian who later died. He fled the scene and went home where he began to drink. He was convicted at trial for refusal to provide a sample. Trouver des résumés de cas. |
| R v Arruda, [2001] OJ No 6288(*pas de liens CanLII) | ON |
9 months + P + 1 year Driving | Offender involved in accident where pedestrian is killed. Offender abandoned car in parking lot. He later turned himself in to police. Offender was 25 years old with a 4 year old son. He had an unrelated record. | |
| R v Crutchley, 1990 CanLII 1806 (BC CA), [1990] BCJ No 317 (BCCA), par Taggart JA |
BC |
CA | 18 months + P + 3 year Driving | Offender was in a two vehicle accident. He fled the scene upon believing that the other driver was dead. Offender attempted to create a false alibi. He had a prior conviction for the same offence. Trouver des résumés de cas. |