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Old Apr 14, 2011, 2:43 pm
  #61  
Dan6681
 
Join Date: Mar 2003
Location: AVL
Programs: AA, AS, SQ, Hilton Diamond, PC Platinum, National Exec
Posts: 726
I've got an interesting one.

A US Citizen hit's a piece of property while driving a motor vehicle and does not report the damage. That person is reported to police and charged with leaving the scene of an accident. They are convicted of a misdemeanor and fined $250 plus restitution to the victim. In addition the NCIC record shows the conviction and that it is a Misdemeanor.

It has been more the 5 years since the conviction, but less than 10 years.

Are they inadmissible to Canada?

Canadian Law:

Failure to stop at scene of accident
252. (1) Every person commits an offence
who has the care, charge or control of a vehicle,
vessel or aircraft that is involved in an accident
with
(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case of a vehicle, cattle in the
charge of another person,
and with intent to escape civil or criminal liability
fails to stop the vehicle, vessel or, if possible,
the aircraft, give his or her name and address
and, where any person has been injured or
appears to require assistance, offer assistance.

Punishment
(1.1) Every person who commits an offence
under subsection (1) in a case not referred to in
subsection (1.2) or (1.3) is guilty of an indictable
offence and liable to imprisonment for
a term not exceeding five years or is guilty of
an offence punishable on summary conviction.
Is that an example of a hybrid offense?

Must the officer assume by law that the individual was found guilty of an indictable offense, even considering the information available to him or her in the NCIC record?
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