Break & Enter

In sentencing for a Break and Enter case, Section 348.1 of the Criminal Code requires a judge to consider as an aggravating fact that a home was occupied and violence was used or threatened at the time of the offence. This is commonly known as a “home invasion.” While there is no offence in the Criminal Code called a “home invasion,” the sentencing ranges for these types of facts are significant.

The maximum punishment for Break and Enter in this case is up to life imprisonment. If the offence is in relation to a place other than a home, the term for imprisonment if convicted can range from a criminal record to 10 years in jail depending on how the Crown proceeds with the case.

Factual Innocence: If the Crown is unable to prove the essential elements of the particular offence beyond a reasonable doubt, they will have failed to discharge their burden, and the accused will be acquitted.

A “felony” is a classification of crime in the United States. In Canada, there are three classifications of crime:

• Summary Conviction Offences: The least serious offences, such as minor theft or mischief.
• Indictable Offences: More serious crimes, such as murder or aggravated assault.
• Hybrid Offences: These allow the Crown to choose how to proceed—either by summary conviction or indictment—depending on the specific facts and circumstances of the case.

If the premise in question is a “dwelling house,” the offence is classified as a straight indictable offence. If it is not a dwelling house, the offence becomes a hybrid offence, giving the Crown discretion to proceed by summary conviction or indictment.

In spite of what the name suggests, one need not actually “break” or force entry to be charged with this criminal offence. Indeed, walking through an open door has been held to constitute a “Break and Enter.” Moreover, a conviction is not contingent upon any damage to the property entered.

The Crown is required to prove the following elements beyond a reasonable doubt in a break and enter case:

• Identity of the accused;
• Date, time, and jurisdiction;
• The location of the premises that was broken into or out of;
• The accused entered the premises;
• The accused did not have permission to enter the premises;
• The accused intended to or did commit an indictable offence;

If charged under Section 348(1)(d) of the Criminal Code, the Crown will also have to prove that the premises was a “dwelling house.”

Generally, Break and Enter charges relate to residential homes or commercial places of business. The offence involves the accused entering into a place with the intention of committing an indictable offence.

In spite of what the name suggests, one need not break or force entry to be charged with this criminal offence. Indeed, walking through an open door has been held to constitute a Break and Enter. Moreover, a conviction is not contingent upon any damage to the property entered.

Break and Enters are generally committed by people attempting to steal property. By doing so, they commit the indictable offence of Theft while Breaking and Entering. If an accused does not have the intention to commit an indictable offence, but unlawfully enters a premise, he or she may be committing other offences in the Criminal Code.

Break and enter with intent is a criminal offence under Section 348(1) of the Criminal Code. It occurs when an individual unlawfully enters or breaks into a place with the intention of committing an indictable offence, such as theft, assault, or vandalism. This offence is considered serious due to the violation of private property and the potential for further criminal acts. Convictions can result in significant penalties, including imprisonment, depending on the circumstances and severity of the case.

The maximum punishment for Break and Enter involving a dwelling house is up to life imprisonment. If the offence is in relation to a place other than a home, the term for imprisonment if convicted can range from a criminal record to 10 years in jail depending on how the Crown proceeds with the case.