Fail to Stop After Accident charges in Richmond Hill, 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
Newmarket Courthouse (Ontario Court of Justice)
Court Phone
(905) 853-4801
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 Richmond Hill
Richmond Hill traffic tickets are heard at the York Region Provincial Offences Court on Yonge Street in Newmarket; criminal matters at the Newmarket Courthouse on Eagle Street.
Criminal Court
Newmarket Courthouse (Ontario Court of Justice)
50 Eagle Street West, Newmarket, ON L3Y 6B1
(905) 853-4801
All York Region criminal matters, including Richmond Hill. There is no criminal court in Richmond Hill.
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