Escape from Lawful Custody (Sentencing Cases)

This page was last substantively updated or reviewed January 2014. (Rev. # 90240)

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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.

– CCC (CanLII), (DOJ)

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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. Find summaries of case.
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. Find summaries of case.
R v Shackleton, [1978] B.C.J. No 199(*no CanLII links)	BC		2 months imprisonment	The offender was unlawfully at large from jail. Find summaries of case.
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. Find summaries of case.