145. (1) Every one who
- (a) escapes from lawful custody, or
- (b) is, before the expiration of a term of imprisonment to which he was sentenced, at large in or out of Canada without lawful excuse, the proof of which lies on him,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.
Proof of the Offence edit
- location and time of incident
- identity of accused as culprit
- the accused was in lawful custody at time
- circumstances of escape
- time and date of capture
To be in custody the officer must use words of arrest along with physical restraint or the accused’s submission to physical restraint. Without physical restraint of some sort, the offence cannot be made out.
- R. v. Costain, 2011 ONCJ 559