Page 1 of 1

"return Immediately"??

Posted: Mon Dec 29, 2008 11:31 pm
by cruzmisl

Hi,

I'm curious what the courts detemermine "return immediatley" to the scene of an accident is? Is it 5 minutes, an hour, 2 days? Surely this will depend on the JP but I'm wondering if there is any case law/personal experience regarding the subject.

Thanks!

Cruz.


Posted: Thu Jan 01, 2009 5:51 pm
by Radar Identified

The only case I could find that was related was R. v Robson, but it doesn't really answer your question. Basically the guy intentionally hit a cyclist and drove off, returning 45 minutes later from a doctor's appointment.


http://www.canlii.org/en/on/onsc/doc/20 ... 18728.html

Leaving the scene to seek help and return immediately (as SOON as the call is placed or help is found, then no delay in returning) is permissible according to a former police officer. Beyond that...


Posted: Thu Jan 01, 2009 7:49 pm
by hwybear

I would agreewith "RI".


If one does not have a cellphone, one would be given opportunity to go to the nearest payphone, call for help and return OR advise the services responding where the hell you are!