Abandoning Child (Sentencing Cases)
| This page was last substantively updated or reviewed October 2023. (Rev. # 95886) |
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Offence Wording
- Abandoning child
218 Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured,
- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
- (b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 218; 2005, c. 32, s. 12; 2019, c. 25, s. 75.
Case Digests
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Isadore, 2022 NSSC 209 (CanLII), per Duncan J | NS  |
SC | 3 years (abandonment) | Find summaries of case. |
| R v Young, 2019 CanLII 57622 (NL PC), per Porter J | NL  |
PC | Find summaries of case. | |
| R v GKJ, 2006 ABPC 72 (CanLII), per Fradsham J | AB  |
PC | 9 months imprisonment + Probation | The offender pleaded guilty to a single count. A mother leaves a 4-year-old alone at home while tied to the couch on multiple occasions, including when the mother goes to work. The offender was 28 and had immigrated to Canada at 18 years old. She had no criminal record.
|
| R v SF, (2005) O. J. No 2381 (Ont. SCJ)(*no CanLII links) | ON  |
SC | 3 months imprisonment plus probation | The offender was a 30-year-old mother who left her 2-year-old child alone in her apartment for an evening. The offender had a prior unrelated record and an alcohol addiction, which brought on the offence. Find summaries of cases. |
| R v Nguyen, [2001] OJ No 647 (Ont. C.J.)(*no CanLII links) | ON |
PC | 6 months imprisonment plus probation | The offender left a 7-year-old child at home overnight to go gambling. The child started a fire and ran away. Find summaries of cases. |
| R v Cholod, 1995 ABCA 238 (CanLII), per curiam | AB |
CA | $2,500 fine plus probation | The offender left child at home in cold weather while he went out drinking Find summaries of case. |
| R v CME, 1995 ABCA 191 (CanLII), [1995] AJ No 510, per Mason J (2:1) |
AB |
CA | non-custodial | The offender left two-year-old daughter in the apartment overnight. The child caused a flood and almost started a fire. The offender had no record, showed remorse, and demonstrated a reformed life. Find summaries of case. |