INTRODUCTION AND BRIEF DESCRIPTION
Failure to stop after an accident and provide identification or assistance is an offence.
SECTION WORDING
252(1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with (a) another person, (b) a vehicle, vessel or aircraft, or (c) in the case of a vehicle, cattle in the charge of another person, and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.
EXPLANATION
Section 252(1) of the Criminal Code of Canada criminalizes the act of leaving the scene of an accident. The section sets out the circumstances in which a person can be charged with this offence. Firstly, the accused must have had the care, charge or control of a vehicle, vessel or aircraft that was involved in an accident. Secondly, the accident must have resulted in damage or injury to another person, vehicle, vessel, aircraft or cattle in the charge of another person. Finally, the accused must have had the intention to escape civil or criminal liability by failing to stop, provide their name and address, and offer assistance where necessary. The purpose of this section is to ensure that those responsible for an accident take responsibility for their actions and provide assistance to those who have been injured or affected. Failing to do so is seen as a serious offence as it can worsen the harm caused by the accident and prevent the prompt investigation of the incident. The offence can carry significant penalties, including fines, imprisonment or the suspension of a driver's license. The severity of the penalty will depend largely on the extent of the damage or injury caused. The offence is considered particularly serious if someone was injured or killed as a result of the accident and the accused failed to provide assistance. Overall, Section 252(1) is an important provision in the Criminal Code of Canada. It is intended to promote accountability and provide protection to those who are affected by accidents. It is important for drivers, vessel operators and airspace controllers to be aware of their responsibilities under this section and to take appropriate action in the event of an accident.
COMMENTARY
Section 252(1) of the Criminal Code of Canada outlines a criminal offence that is committed by a person who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with another person or property. The offence occurs when the individual, with the intent to escape civil or criminal liability, fails to stop the vehicle, vessel or aircraft, give their name and address and offer assistance to injured persons. The section serves an important purpose in Canadian society by upholding the principles of social responsibility and accountability. It recognizes the significant harm and consequences that can result from hit and run accidents, which can include serious injury, death, and property damage. Furthermore, it reflects the moral and ethical obligation to take care of others and the consequences that result if one fails to take appropriate action. One of the key elements of the offence outlined in section 252(1) is intent. In order for an individual to be found guilty of the offence, they must have an intention to escape civil or criminal liability. This means that if a driver accidentally hits another vehicle or person and immediately stops to offer assistance and provide their information, they would not be guilty of the offence. However, if an individual purposefully attempts to flee the scene in order to avoid consequences, they can be charged and face significant penalties. It is also important to note that the offence is not limited to accidents involving other vehicles or people. The section includes accidents involving cattle in the charge of another person, highlighting the duty of care that extends to animals as well. Additionally, the requirement to offer assistance to injured persons reflects the importance and value placed on human life and well-being in Canadian society. The penalties associated with a conviction under section 252(1) can be severe. The offence is classified as a hybrid offence, meaning that it can be prosecuted as either a summary or indictable offence. Summary conviction can result in a fine of up to $5,000 and/or imprisonment for a term of up to six months, while conviction on indictment can result in imprisonment for up to five years. In conclusion, section 252(1) of the Criminal Code of Canada plays an important role in upholding the values of social responsibility, accountability, and human life. It recognizes the significant harm that can result from hit and run accidents and establishes a clear legal standard for individuals to follow in the event of an accident. The penalties associated with the offence reflect the seriousness of the potential harm and serve as a deterrent for future misconduct.
STRATEGY
When dealing with section 252(1) of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. The consequences of being found guilty of this offence are severe and can have a significant impact on both your personal and professional life. Therefore, it is important to carefully evaluate the situation and determine the best course of action. One of the first strategic considerations to take into account is whether or not you are actually guilty of the offence. If you were involved in an accident and did not stop, provide your name and address, and offer assistance if someone was injured, you may be guilty under the section. However, if you did stop and provide the necessary information and assistance, you may not have committed an offence. Assuming that you are guilty, one strategy that can be employed is to cooperate fully with any investigation or inquiry that may follow. This includes providing the police with any relevant information, such as the location and time of the accident, as well as your personal details and contact information. It is also important to comply with any requests for a statement or interview. Another strategy that can be employed is to speak to a criminal defense lawyer as soon as possible. A lawyer can advise you on your legal rights and obligations, and assist you in developing a strategy for dealing with the situation. They can also help you understand the potential consequences of a conviction and develop a plan for mitigating these consequences. If you are facing charges under section 252(1), it is important to take your case seriously. A conviction can have long-lasting consequences for your personal and professional life, including the loss of your driver's license, fines, and even imprisonment. Therefore, it is important to be proactive in dealing with the situation, seek out the assistance of a criminal defense lawyer, and be prepared to cooperate fully with any investigation or inquiry that may follow.