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Duties after a Motor Vehicle Collision (13:IV)

38 bytes added, 22:54, 24 November 2018
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2. Criminal Code Provisions
=== 2. Criminal Code Provisions ===
Under ''Criminal Code'' s 252(1), it is an offence for a driver involved in an accident with (a) a person, (b) a vehicle, vessel or aircraft, or (c) cattle in the charge of another person to fail to remain at the scene of an accident with the requisite intent of escaping civil or criminal liability. From s 252(2), “in the absence of any evidence to the contrary,” the failure to stop raises a presumption of intent to escape civil or criminal liability. However, if a person charged with a criminal offence can show that he or she left the scene without an intent to escape criminal or civil liability, that person is entitled to an acquittal: ''R. v. Chase'', 2005 CarswellBC 1793, 2005 BCSC 1080. A person who is convicted for failing to remain at the scene of an accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction (s 252(1.1)).
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