Quick Answer
Point Duty defends fail to stop after an accident charges under Criminal Code s.320.16 — the criminal counterpart to the HTA's fail to remain, which requires proof you knew the accident happened. Summary conviction carries up to two years less a day, a possible driving prohibition, and a criminal record. A licensed paralegal can act on summary elections.
Failing to stop after a collision involving another person, vehicle, or animal, with knowledge of the accident. The criminal counterpart to the HTA's Fail to Remain — escalates when injury or death is involved.
Section 320.16 of the Criminal Code prohibits a person involved in an accident with another conveyance, person, or animal from failing to stop and provide their name, address, and licence information, or fleeing the scene with knowledge of the accident.
Hybrid. On summary election: up to 2 years less a day. On indictment: up to 10 years. Where the accident caused bodily harm the maximum rises to 14 years on indictment; where it caused death the offence is indictable only and carries up to life. A driving prohibition is available at the court's discretion. Criminal record on conviction.
Failure to stop after an accident appears on the Law Society’s permitted list at s.320.16(1), one of the four restored driving offences, and a paralegal may act on a summary election. Where the accident caused death the offence is indictable only — that version falls outside paralegal scope entirely. Where the paralegal scope line falls, and why.
If Crown elects summary, within paralegal scope. If indictable election is made (common for injury cases), we refer to a barrister. Disclosure focuses on the accused's knowledge of the accident.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.
