Quick Answer
Failing to stop at the scene of an accident causing bodily harm or death under Criminal Code s.320.16 is a serious criminal offence — distinct from the HTA version — carrying significant prison terms. Whether a legal duty to stop was engaged, and whether the accused had knowledge of the accident, are the foundational issues in every defence.
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 (more for bodily harm or death cases). Mandatory driving prohibitions and criminal record on conviction.
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.
