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Criminal Code s.320.16

Fail to Stop After Accident charges in Orillia, 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
Orillia Courthouse (Ontario Court of Justice)
Court Phone
(705) 326-2671
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 Orillia

Orillia-area criminal matters are heard at the Orillia Courthouse on Memorial Avenue. Provincial offences are handled by the Orillia Provincial Offences Court on West Street South — a separate court service area from Barrie, with its own office and its own trial dates.

Criminal Court

Orillia Courthouse (Ontario Court of Justice)

700 Memorial Avenue, Cottage C, Orillia, ON L3V 0T7

(705) 326-2671

Orillia and area criminal matters. Separate from the Barrie courthouse on Mulcaster Street.

Charged with fail to stop after accident?

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