Search results
(a) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody, (b) being a peace officer, wilfully permits a person in his lawful custody to escape, or (c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein.
SECTION WORDING. 147 Every one who (a) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody, (b) being a peace officer, wilfully permits a person in his lawful custody to escape, or (c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein, is guilty of an indictable ...
Jun 6, 2024 · A person employed at a prison who wilfully permits someone to escape from lawful custody; A person who provides assistance and enables someone to escape from custody who has just been arrested by the police; A person who rescue’s someone from custody who has recently escaped and requires aid or assistance to further their evasive action. Defences
Permitting or assisting escape. 146 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who (a) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty,
- R V Seymour, 1980 CanLII 2961
- R V Mclean, 2015 BCCA 456
- R V Whitfield, [1970] Scr 46
The accused was charged with escaping from lawful custody as they unlawfully, before the expiration of a term of imprisonment to which they were sentenced, became at large in Canada with no lawful excuse. The accused had received a temporary absence permit from the institution where they were incarcerated. While on temporary absence, the accused be...
The accused was convicted upon accepting a guilty plea for being unlawfully at large pursuant to s. 145(1)(b) of the Criminal Code. The accused was subject to a long-term supervision order and failed to return to a community facility by curfew. The BCCA held that the accused “was not at large “before the expiration of a term of imprisonment to whic...
A police officer who knew that a warrant for the accused’s arrest was outstanding saw the accused stopped at a red light. The police officer approached the accused’s vehicle and told the accused that they had a warrant for their arrest. The police officer reached through the accused’s window and grabbed their shirt, telling the accused that they we...
Escape and being at large without excuse. 145 (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or
People also ask
What happens if a person escapes from lawful custody?
What is the penalty for escaping from custody?
Who is liable for wilfully allowing a person to escape?
What happens if you escape from lawful custody in Canada?
What does it mean to permit a person to escape?
Can a person be convicted of a rescue or permitting escape?
STRATEGY. Section 146 of the Criminal Code of Canada deals with offences related to facilitating the escape of a prisoner. Any individual who permits a person in lawful custody to escape, fails to perform a legal duty, conveys anything into prison with the intent to facilitate an escape, or directs a discharge of a prisoner who is not entitled to discharge, is guilty of an indictable offence.
