Voir la source de Fuite d'un agent de la paix (jurisprudence des peines)

[[en:Flight from a Peace Officer (Sentencing Cases)]]
{{Currency2|January|2020}}
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{{OffencesBoxMini|Flight from a Peace Officer}}
==Offence Wording==
<div class="mw-collapsible mw-collapsed">
{{quotation2|
; Flight from peace officer
320.17 Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.

{{LegHistory10s|2018, c. 21}}, s. 15.
|{{CCCSec2|320.17}}
|{{NoteUp|320.17}}
}}

{{quotation2|
; Punishment
320.19<br>
{{removed|(1), (2), (3) and (4)}}
; Punishment — dangerous operation and other offences
(5) Everyone who commits an offence under subsection 320.13(1) {{AnnSec3|320.13(1)}} or 320.16(1) {{AnnSec3|320.16(1)}}, section 320.17 [''flight from peace officer''] or subsection 320.18(1) {{AnnSec3|320.18(1)}} is liable
:(a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or
:(b) on summary conviction, to imprisonment for a term of not more than two years less a day.

{{LegHistory10s|2018, c. 21}}, s. 15.
{{Annotation}}
|{{CCCSec2|320.19}}
|{{NoteUp|320.19|5}}
}}
</div>

==Case Digests==
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{{SpanYear2|2019}}
{{SCaseLong|{{CanLIIR-S|Grogan|j0tp1|2019 ABPC 126 (CanLII)}}{{perABPC|Johnson J}} | {{AB}} | {{PC}} | {{JailYO|9.5|flight causing}} | "Grogan is a case in which having pleaded guilty Mr. Grogan, 34, was sentenced to nine and half years incarceration for two counts of flight causing death and one and a half years concurrent for leaving the scene.
The maximum sentence for flight causing death was life imprisonment. Given the concurrent leaving the scene sentence, the net flight causing death sentence was seven years incarceration. While at a relatively low 30 kms over the posted limit, Mr. Grogan drove against traffic on a freeway and collided head-on with an oncoming vehicle, killing its occupants.  He had an unrelated but significant criminal record and four Traffic Safety Act convictions. He had consumed methamphetamine earlier the day of the collision; it does not appear a finding was made regarding the specific contribution of drug consumption on Mr. Cyr’s driving." {{summfrom|Benjumea|jlqg8#par79|2022 ABQB 44 (CanLII)}}{{atL|jlqg8|79}} {{FindSummaries|j0tp1}} {{keywords|caused death}} }}

{{SpanYear2|2016}}
{{SCaseLong|{{CanLIIR-S|Bridgman|gwlhq|2016 ABCA 415 (CanLII)}}{{perABCA|Martin JA}}|{{AB}}|CA | {{JailM|6}} (dangerous)<br> 15 months (flight) | {{FindSummaries|gwlhq}} {{keywords|}} }}

{{SCaseLong|{{CanLIIRP-S|Bonneteau|gs9sg|2016 MBCA 72 (CanLII)|131 WCB (2d) 456}}{{perMBCA|Pfuetzner JA}} |{{MB}}|CA | 24 months (flight)<br>24 months (dangerous)<br>18 months (theft under) <br> 1 month (Assault PO)<br> 18 months (assault, weapon) | {{SJPlea|P|theft under $5,000, assault peace officer, breach of recog, flight from a peace officer, dangerous driving, and assault with a weapon}}. {{FindSummaries|gs9sg}} {{keywords|}} }}

{{SpanYear2|2011}}
{{SCaseLong|{{CanLIIR-S|Chaaban|fnmcj|2011 ABPC 310 (CanLII)}}{{perABPC|Anderson J}} |{{AB}}|PC| {{CSOM|8}} | {{FindSummaries|fnmcj}} {{keywords|}} }}

{{SpanYear2|2006}}
{{SCaseLong|{{CanLIIR-S|Cyr|1mzr0|2006 ABCA 114 (CanLII)}}{{perABCA|Gallant J}} | {{AB}} | {{CA}} | {{JailY|8.5}} | {{FindSummaries|1mzr0}} {{keywords|guilty plea|causing death|causing bodily harm|lengthy chase}} }}

{{SpanYear2|2004}}
{{SCaseLong|{{CanLIIR-S|Johnston|1hf94|2004 ONCJ 111 (CanLII)}}{{perONCJ|DiGiuseppe J}} | {{ON}} |PC | | {{FindSummaries|1hf94}} {{keywords|}}  }}

{{SCaseLong|{{CanLIIR-S|Tabor|1gxs2|2004 BCCA 191 (CanLII)}}{{perBCCA|Donald JA}}|{{BC}}|CA| |{{FindSummaries|1gxs2}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Joyea|1gh4r|2004 SKCA 17 (CanLII)}}{{perSKCA|Gerwing JA}}|{{SK}}|CA | | "the accused had pled guilty to operating a motor vehicle with a blood alcohol level above .08, failing to stop without lawful excuse, and operating a motor vehicle while disqualified.  The incident in question occurred while the respondent was on probation.  After consuming an excessive amount of alcohol, the accused drove his vehicle in a dangerous manner in business and residential areas trying to avoid an RCMP vehicle in pursuit.  He did not stop voluntarily, but only after the police vehicle disabled his car.  He had 44 prior convictions which included numerous driving offences, among others five of driving over .08 and one of dangerous driving, for which latter offence he received a sentence of two years.  After a sentencing circle, the trial judge had imposed a sentence of eight months conditional.  The Court of Appeal overturned the trial judge’s holding.  The Court found that given the serious nature of the incident and the accused’s history, a conditional sentence was not fit since it gave undue emphasis to rehabilitative aspects and none to denunciation, deterrence and the need to protect the public.  A sentence of 23.5 months imprisonment was imposed, before taking into account a credit of 10 months the accused had served on remand, as well as one for the 4.5 months he had already served on his conditional sentence.  The Court mentioned the gap in driving convictions since 1998, and the very positive report from his conditional sentence served in the community, as mitigating factors." {{summfrom|Wolfe|gmnhg#par26|2015 SKPC 161 (CanLII)}}{{atL|gmnhg|26}} {{FindSummaries|1gh4r}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Nowlin|1grw4|2004 MBCA 44 (CanLII)}}{{perMBCA|Huband JA}}|{{MB}}|CA| |{{FindSummaries|1grw4}} {{keywords|}} }}

{{SpanYear2|2003}}
{{SCaseLong|{{CanLIIR-S|Pellizzon|1g4hs|2003 ABCA 347 (CanLII)}}{{perABCA|Fruman JA}}|{{AB}}|CA | | {{FindSummaries|1g4hs}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|McLeod|1glt4|2003 YKSC 70 (CanLII)}}{{perYKSC|Gower J}}|YK|SC| | {{FindSummaries|1glt4}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Major|78kj|2003 CanLII 19300 (QC CQ)}}{{perQCCQ|Auger J}}|{{QC}}|PC | 18 months (flight)<br>3 years (assault PO) <br> 18 months (obstruct)|Offender was impaired and engaged in a street race, intentionally hitting another car. Police chase him, he threatened police with an axe and strangled officer causing harm. 5 year driving prohibition{{FindSummaries|78kj}} {{keywords|}} }}

{{SpanYear2|2001}}
{{SCaseLong|{{CanLIIR-S|Sturge|1f8zg|2001 CanLII 8601 (ON CA)}}{{TheCourtONCA}} |{{ON}}|CA| 18 months (flight)<br> 6 years (global)| Offender committed 7 robberies on a spree and was pursued by police in a stolen car. He struck and injured a police officer in process.{{FindSummaries|1f8zg}} {{keywords|}} }}


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