Canadian Criminal Sentencing/Offences/Flight from a Peace Officer

Flight from a Peace Officer
s. 249.1 of the Crim. Code
Election / Plea
Crown Election	Hybrid
Jurisdiction	Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2))
Maximum	6 months jail or $5,000 fine (259)
Indictable Dispositions
Avail. Disp.	same as summary
Maximum	5 years jail
References
Offence Elements Sentence Principles Sentence Digests

Legislation

Flight
249.1 (1) Every one commits an offence who, operating a motor vehicle while being pursued by a peace officer operating a motor vehicle, fails, without reasonable excuse and in order to evade the peace officer, to stop the vehicle as soon as is reasonable in the circumstances.
Punishment
(2) Every one who commits an offence under subsection (1)

(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.

Flight causing bodily harm or death
(3) Every one commits an offence who causes bodily harm to or the death of another person by operating a motor vehicle in a manner described in paragraph 249(1)(a), if the person operating the motor vehicle was being pursued by a peace officer operating a motor vehicle and failed, without reasonable excuse and in order to evade the police officer, to stop the vehicle as soon as is reasonable in the circumstances.
Punishment
(4) Every person who commits an offence under subsection (3)

(a) if bodily harm was caused, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years; and

(b) if death was caused, is guilty of an indictable offence and liable to imprisonment for life.

– CCC

Application

Principles

This offence will often attract a sentence that will be consecutive to other convictions that arise out of the same interaction.

Factors

Primary Factors

• whether there were pedestrians or other vehicles on the road
• condition of the road at the time