R. v. O.S. [2010] – Client charged with Break and Enter with Intent and Possession of Burglar’s Tools in relation to an incident at a warehouse – Client is arrested at the scene and subsequently provides statement to police – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Charges Defended > Break and Enter
Under the law, know that you may have several valid defenses to your break and enter charge, including the violation of your rights under the Charter of Rights and Freedoms. Entering a plea of guilty to a charge of break and enter can have profoundly serious consequences. The stigma of a criminal record, the hardship of being “processed” through our criminal justice system, the potential consequences for your work, your family, your reputation, and at worst, your freedom are significant. Know your rights. If you or a friend or family member have been charged with break and enter, contact the firm at 416.877.LAW1 (5291). Your first consultation is always free.
What is breaking and entering under the Criminal Code?
The definition of “breaking and entering” under Section 348. (1) is broad and covers every one who (a) breaks and enters a place with intent to commit an indictable offence therein, (b) breaks and enters a place and commits an indictable offence therein, or (c) breaks out of a place after (i) committing an indictable offence therein, or (ii) entering the place with intent to commit an indictable offence therein.
It is the responsibility of the Crown to prove beyond a reasonable doubt that an accused had the intent to commit an indictable offence within the place entered. Note that the Criminal Code also has a distinct charge of Trespassing at Night, which is governed by Section 177.
What is the possible punishment for breaking and entering?
If the offence is committed in relation to a dwelling-house, the possible punishment is imprisonment for life. If the offence is committed in relation to a place other than a dwelling-house, an accused is liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.
Are the circumstances different if the breaking and entering occurred at someone’s house?
The court imposing sentence on the person shall consider as an aggravating circumstance the fact that a dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence, knew that or was reckless as to whether the dwelling-house was occupied and used violence or threats of violence to a person or property.
What is the charge of being unlawfully in dwelling-house?
Under Section 349. (1) Every person who, without lawful excuse, the proof of which lies on that person, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.
What is the charge of possession of break-in instrument?
Under Section 351., every one who, without lawful excuse, the proof of which lies on them, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for such a purpose,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Recent Break and Enter Cases:
Break and Enter Dwelling and Mischief Charges Withdrawn
R. v. A.E. [2011] – Client charged with Break and Enter with Intent and Mischief Under $5000. Complainant returned home to find damage to a window and my Client in his residence, allegedly in an intoxicated state. Police attended the scene and charged my Client. Following discussions with the Crown, Client completed a comprehensive alcohol counseling and diversion program – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Break and Enter at School
R. v. K.Z. [2011] – Client, along with several co-accused, charged with Break and Enter with Intent at a elementary school and Possession of Burglar’s Tools. Police alleged that my Client was in possession of stolen property taken from the school as he was arrested by several on-scene officers – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Suspended Sentence for Break and Enter Dwelling House
R. v. B.F. [2009] – Client charged with Break and Enter into dwelling. Police allege that Client along with co-accused attempted to enter home while owner present. Police were notified and Client and co-accused were arrested in vehicle identified by witness minutes later. Client had prior criminal record as youth – Crown originally seeking jail sentence. Following discussions with the prosecutor, a joint position for a suspended sentence is accepted by the Judge. NO JAIL – SUSPENDED SENTENCE AND PROBATION