"return immediately"??

cruzmisl
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"return immediately"??

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

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.


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

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...


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

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!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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