Escape from Lawful Custody (Sentencing Cases)
| This page was last substantively updated or reviewed January 2014. (Rev. # 93159) |
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Offence Wording
- Escape and being at large without excuse
145 (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of
- (a) an indictable offence and liable to imprisonment for a term of not more than two years; or
- (b) an offence punishable on summary conviction.
[omitted (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11)]
R.S., 1985, c. C-46, s. 145; R.S., 1985, c. 27 (1st Supp.), s. 20; 1992, c. 47, s. 68; 1994, c. 44, s. 8; 1996, c. 7, s. 38; 1997, c. 18, s. 3; 2008, c. 18, s. 3; 2018, c. 29, s. 9; 2019, c. 25, s. 47; 2022, c. 17, s. 4.
Case Digests
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Schooner, 2013 BCCA 40 (CanLII), per Garson JA | BC  |
CA | 1 year imprisonment | The offender plead guilty to being unlawfully at large. Find summaries of case. |
| R v Jackson, 2010 BCCA 330 (CanLII), 289 B.C.A.C. 157, per Kirkpatrick JA |
BC |
CA | 3 months imprisonment (at large) | The offender was convicted of resisting arrest and escaping custody. Find summaries of case. |
| R v Gartner, 2010 BCCA 600 (CanLII), per Hall JA | BC |
CA | 30 days imprisonment | The offender was convicted of being unlawfully at large in violation of her intermittent sentence over two days. She had a record of prior breaches. Find summaries of case. |
| R v Addley, 2008 BCCA 460 (CanLII), per Finch JA | BC |
CA | 30 months imprisonment | The offender was convicted of prison break. He was 27 years old with a long criminal record, including 18 offences for non-compliance with the justice system. Find summaries of case. |
| R v Abraham, 2008 MBPC 14 (CanLII), per Sandhu J | MB  |
PC | 1 year imprisonment | While at large he committed 15 armed robberies. Find summaries of case. |
| R v Beals, 2000 NSCA 43 (CanLII), per Bateman JA | NS  |
CA | 18 months imprisonment | Find summaries of case. |
| R v Pelly, (1996), 113 Man. R. (2d) 209(*no CanLII links) | MB |
9 months imprisonment | The offender was convicted of prison break.
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| R v Mcleod, 1994 CanLII 4647 (SK CA), per Tallis JA | SK  |
CA | 8 months imprisonment | Find summaries of case. |
| R v Downey, 1993 CanLII 3150 (NS CA), per Jones JA | NS |
12 months imprisonment | Find summaries of case. | |
| R v Kelly, [1983] B.C.J. No 692(*no CanLII links) | BC |
1 year imprisonment | The offender was convicted for running away from a peace officer who had lawfully arrested him. He had a long record of similar offences.
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| R v Shackleton, [1978] B.C.J. No 199(*no CanLII links) | BC |
2 months imprisonment | The offender was unlawfully at large from jail.
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| R v Hodson, [1978] B.C.J. No 196(*no CanLII links) | BC |
9 months imprisonment | The offender was convicted of being unlawfully at large. He had a prior related record.
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