CASE LAW - R v Alves
This case involves Mr. Antonio Alves who was driving his truck on Renfrew Street at East 22nd Avenue in Vancouver making a left turn. He struck and killed 77 year old Mrs. Susan Wong as she crossed the highway in a crosswalk. Mr. Alves stopped, returned to check Mrs. Wong, spoke to a bystander, remained for a moment more and then departed. He turned himself in to police later that day.
Mr. Alves was later convicted for failing to remain at the scene of an accident. The reasons for sentence reported here look at whether Mr. Alves should serve time in jail or within the community. Because this was deemed to be a serious personal injury offence, Judge Giardini found that the community sentence was not available.
The case also examines case law examples for failing to remain, what a serious personal injury offence is and the reasons why he imposed a 4 month jail sentence on Mr. Alves.