Flight from a Peace Officer (Sentencing Cases)

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This page was last substantively updated or reviewed January 2017. (Rev. # 90106)

Offence Wording

Flight from peace officer

320.17 Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.

2018, c. 21, s. 15.

CCC (CanLII), (DOJ)


Note up: 320.17

Punishment

320.19
[omitted (1), (2), (3) and (4)]

Punishment — dangerous operation and other offences

(5) Everyone who commits an offence under subsection 320.13(1) [dangerous operation] or 320.16(1) [failure to stop after accident], section 320.17 [flight from peace officer] or subsection 320.18(1) [operation while prohibited] is liable

(a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or
(b) on summary conviction, to imprisonment for a term of not more than two years less a day.

2018, c. 21, s. 15.
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 320.19(5)

Case Digests

Case Name Prv. Crt. Sentence Summary
R v Bridgman, 2016 ABCA 415 (CanLII), per Martin JA AB CA 6 months imprisonment (dangerous)
15 months (flight)

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R v Bonneteau,
2016 MBCA 72 (CanLII), 131 WCB (2d) 456, per Pfuetzner JA
MB CA 24 months (flight)
24 months (dangerous)
18 months (theft under)
1 month (Assault PO)
18 months (assault, weapon)
The offender plead guilty to the offence(s) of theft under $5,000, assault peace officer, breach of recog, flight from a peace officer, dangerous driving, and assault with a weapon.
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Keywords: None
R v Chaaban, 2011 ABPC 310 (CanLII), per Anderson J AB PC 8 months CSO
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Keywords: None
R v Johnston, 2004 ONCJ 111 (CanLII), per DiGiuseppe J ON PC
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Keywords: None
R v Pellizzon, 2003 ABCA 347 (CanLII), per Fruman JA AB CA
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Keywords: None
R v McLeod, 2003 YKSC 70 (CanLII), per Gower J YK SC
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Keywords: None
R v Tabor, 2004 BCCA 191 (CanLII), per Donald JA BC CA
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Keywords: None
R v Joyea, 2004 SKCA 17 (CanLII), per Gerwing JA SK CA
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Keywords: None
R v Nowlin, 2004 MBCA 44 (CanLII), per Huband JA MB CA
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R v Major, 2003 CanLII 19300 (QC CQ), per Auger J QC PC 18 months (flight)
3 years (assault PO)
18 months (obstruct)
Offender was impaired and engaged in a street race, intentionally hitting another car. Police chase him, he threatened police with an axe and strangled officer causing harm. 5 year driving prohibition
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R v Sturge, 2001 CanLII 8601 (ON CA), per curiam ON CA 18 months (flight)
6 years (global)
Offender committed 7 robberies on a spree and was pursued by police in a stolen car. He struck and injured a police officer in process.
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