section 252(1.3)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that anyone who causes a deadly hit and run or is reckless about whether their actions cause death or bodily harm is guilty of an indictable offense and can be imprisoned for life.

SECTION WORDING

252(1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if (a) the person knows that another person involved in the accident is dead; or (b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.

EXPLANATION

Section 252(1.3) of the Criminal Code of Canada deals with the offence of failing to stop at the scene of an accident. It stipulates that any person who commits this offence is guilty of an indictable offence and is liable to imprisonment for life if certain conditions are met. The first condition is that the person knows that another person who was involved in the accident is dead. This means that if the person who has caused the accident is aware that someone has died as a result of the accident, they are guilty of a very serious offence. Given the gravity of the situation, imprisonment for life is a possible consequence for such an offence. The second condition is that the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm. This means that if the person who has caused the accident is aware that someone involved in the accident has been seriously injured and may die as a result, and they fail to take any action to provide assistance or to ensure that medical attention is sought, they are also guilty of a very serious offence. The punishment for these offences is a possible imprisonment for life, which is a very severe penalty. This section of the Criminal Code of Canada is designed to discourage people from leaving the scene of an accident and to ensure that drivers take their responsibilities seriously in situations where people have been injured or killed. By making the penalty for this offence so harsh, the Criminal Code of Canada aims to ensure that everyone who is involved in an accident takes prompt and appropriate action to assist those who have been injured, and to ensure that the appropriate authorities are notified of the incident.

COMMENTARY

Section 252(1.3) of the Criminal Code of Canada addresses the offence of failing to stop at the scene of an accident. This provision applies to situations where an individual involved in an accident fails to remain at the scene to render assistance or provide their contact information to others involved in the accident. The section applies to all types of accidents, including those involving vehicles or pedestrian accidents. Under this provision, any person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if the person knows that another person involved in the accident is dead or if the person knows that bodily harm has been caused to another person involved in the accident, and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results. The seriousness of this offence cannot be overstated. Failing to stop at the scene of an accident can have devastating consequences. For instance, a person who has been involved in an accident and is injured may require immediate medical attention, which may not be possible if a perpetrator fails to stop. If a victim dies as a result of the injuries sustained in the accident, the failure to remain at the scene can hinder investigations into the matter, making it difficult to bring the perpetrator to justice. The provisions under section 252(1.3) of the Criminal Code of Canada are aimed at addressing these issues effectively. The provision establishes the offence of failing to stop at the scene of an accident, and it provides for strict penalties to be imposed to deter such conduct. As a result, the section acts as a powerful tool for law enforcement agencies in ensuring that motorists take responsibility for their actions and remain at the scene of an accident to provide assistance as required. The provisions under section 252(1.3) are designed to hold individuals accountable for their actions by imposing stiff penalties. Under this section, an individual can be charged with an indictable offence and face a sentence of imprisonment for life if they know that someone has been killed or seriously injured in the accident they have been involved in, and they fail to stop or remain at the scene as required by law. In conclusion, section 252(1.3) of the Criminal Code of Canada establishes a significant offence aimed at ensuring that those responsible for accidents take responsibility for their actions promptly. This section serves as a stern reminder of the importance of remaining at the scene of an accident and providing assistance as required. Its inclusion in the Criminal Code is a testament to efforts aimed at making Canadian roads safer for everyone.

STRATEGY

Section 252(1.3) of the Criminal Code of Canada pertains to situations where an individual commits an offence under section 252(1), which includes failing to stop at the scene of an accident. In such cases, the individual may face severe consequences if certain circumstances are present, such as knowing that another person involved in the accident has died or knowing that bodily harm has been caused to another person involved in the accident and recklessly causing their death. When dealing with this section of the Criminal Code, several strategic considerations must be taken into account. One of the most critical strategic considerations when dealing with section 252(1.3) of the Criminal Code is to ensure that the defendant receives the best possible legal representation. Given the severe consequences of a conviction under this section, it is necessary to engage a skilled criminal defence lawyer who is experienced in handling cases involving serious criminal charges, such as homicide or manslaughter. The lawyer will ensure that the defendant's legal rights are protected, and will help the individual understand the charges against them, the evidence against them, and the possible defences to those charges. Another strategic consideration is to conduct a thorough investigation into the circumstances surrounding the accident. The investigation should include speaking to any witnesses, obtaining statements from individuals who were involved in the accident, reviewing any available video footage of the accident, and examining any physical evidence, such as skid marks or damage to vehicles. This information can be used to challenge the prosecution's case and to present a strong defence on behalf of the defendant. If the defendant is facing charges under section 252(1.3)(b), it may be necessary to challenge the prosecution's assertion that the defendant was reckless in causing the other person's death. This could involve demonstrating that the defendant did not know that their actions could result in death or that there were other contributing factors to the victim's death. In such cases, the defendant may need to present expert evidence to support their defence. In addition to challenging the prosecution's case, it may be possible to negotiate with the Crown prosecutor to reach a plea agreement. This strategy could involve pleading guilty to a lesser charge, such as failing to stop at the scene of an accident, in exchange for a reduced sentence. A plea agreement could be beneficial to the defendant if the evidence against them is overwhelming or if there are other mitigating circumstances that could result in a harsh sentence if the case were to proceed to trial. Finally, it is crucial to understand that section 252(1.3) of the Criminal Code carries severe consequences for those convicted of the offence. Therefore, it is essential to take the charges seriously and to put in place a strong defence strategy to ensure the best possible outcome. The defendant should cooperate fully with their legal counsel, attend all court appearances, and avoid making any statements or admissions that could be used against them in court. These steps will help ensure that the defendant receives a fair trial and that their rights are protected under the law.