Harry G. Stevenson

On a criminal appeal, the Court considered whether intent to avoid detection for possession of a stolen vehicle could negate the mens rea for failing to stop at the scene of an accident under s. 252(1) of the Criminal Code.

The appellant argued ineffective assistance tied to trial admissions on the offence elements.

The Court held that fleeing to avoid arrest as the driver of a stolen vehicle remained sufficiently connected to liability arising from care, charge, or control of the vehicle in the accident.

This did not amount to evidence to the contrary and did not establish a miscarriage of justice.

The conviction was upheld and the appeal dismissed.

The appellant pleaded guilty to robbery with a firearm, which carries a mandatory minimum sentence of four years.

The trial judge credited the appellant for pre-sentencing custody, resulting in a sentence below the mandatory minimum.

The Court of Appeal varied the sentence, holding that pre-sentencing custody could not reduce a sentence below the mandatory minimum.

The Supreme Court of Canada allowed the appeal, holding that the judicial discretion to credit pre-sentencing custody under the Criminal Code applies to mandatory minimum sentences, and a sentence may be reduced below the minimum to account for time served.