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Criminal Code s.320.16

Fail to Stop After Accident charges in Kingston, Ontario.

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. Only the base offence at s.320.16(1) is within paralegal scope, on a summary election.

Courthouse
Frontenac County Court House (Ontario Court of Justice)
Court Phone
(613) 548-6811
Consultation
Free & Confidential
i.

What the charge means

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.

ii.

Penalties

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.

iii.

Available defences

  • Lack of knowledge of the accident
  • Reasonable excuse for not stopping (e.g., fear for safety)
  • Identification of the driver
  • Charter compliance of the investigation
iv.

The process

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.

v.

Notes for Kingston

Kingston handles matters from the 401 between Belleville and Brockville. OPP enforcement is heavy through this corridor and stunt-driving charges are common.

Criminal Court

Frontenac County Court House (Ontario Court of Justice)

279 Wellington Street, Kingston, ON K7K 0B5

(613) 548-6811

Kingston and Frontenac County criminal matters.

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