The accused was charged with flight from a peace officer under s. 320.17 of the Criminal Code after he pulled over for a traffic stop but subsequently drove away.
The police did not attempt to follow or intercept him.
The court considered conflicting jurisprudence on the meaning of 'pursued' and adopted the appellate definition requiring police to actually follow a vehicle with the intent to overtake or capture.
Because the police did not follow the accused after he departed, the actus reus of the offence was not made out.
The accused was found not guilty.
