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.
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.
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.
Waterloo Region criminal matters are heard at the Kitchener courthouse on Frederick Street. Provincial offences from across the region — Kitchener, Waterloo, Cambridge and the townships — are heard at the Waterloo Region POA court on Queen Street North.
85 Frederick Street, Kitchener, ON N2H 0A7
(519) 741-3200
All Waterloo Region criminal matters — Kitchener, Waterloo, Cambridge and the townships.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.
