Escape and Being at Large without Excuse
The offence of escape and being at large without excuse is outlined in section 145(1) of the Criminal Code.
An individual is guilty of the offence of escape and being at large without excuse when they escape lawful custody before the expiration of their term of imprisonment and are at large inside or outside of Canada without lawful excuse.
Examples
Person A is convicted of sexual assault and sentenced to four years in prison. After serving only one year, person A escapes from prison and flees Canada for Mexico.
Person B is sentenced to life in prison for murder. Ten years into his sentence, person B is mistakenly released by the prison because of an administrative error. Person B understands he has been sentenced to life in prison and that a mistake must have been made by the prison staff. Person B says nothing and leaves the prison, going on the run.
Offence Specific Defence(s)
Lawful Excuse
Where the offender has a lawful excuse for being outside of police custody, the person may not have committed the offence of escape or being at large without excuse. A lawful excuse includes a medical emergency or a threat to life.
More Legal Information
Law Newbie™ is a free legal assistant developed by our criminal lawyers to help you understand the law.
In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.
Offences in Canada are listed in the Criminal Code. They include crimes related to people, vehicles and weapons.