Breaking and Entering

What is Breaking and Entering

Definition: Section 348 of the Criminal Code of Canada defines this as breaking and entering, or simply entering, a “place” with the intent to commit an indictable offence inside it.

Important Points:

  • “Place” is very broad: it includes a dwelling, business, shed, or even a vehicle.
  • “Breaking” can be as minor as opening an unlocked door or window, the focus is on entering without permission.
  • Intent is essential – you must have entered with the purpose of committing an additional crime.

Common Evidence:

  • Witness statements about seeing you enter or leave the place.
  • Security or surveillance footage showing any part of the alleged act.
  • DNA or fingerprints recovered from the place.
  • Evidence of another crime being committed once inside.

Penalties for Breaking and Entering

The penalty depends on the type of place and the intended crime:

Dwelling House: Always an indictable offence, potential for severe consequences.

  • Maximum Penalty: Life imprisonment.

Other Place: The Crown can proceed summarily or by indictment.

  • Summary Conviction: Up to 18 months in prison and/or a $5,000 fine.
  • Indictment: Up to 10 years in prison.

How We Can Help

Securing Your Release: An arrest for break and enter often involves a bail hearing, especially when a dwelling house is involved. We’ll fight to demonstrate you’re not a danger to the community to advocate for your release with fair conditions.

Fighting the Charges: Every break and enter case rests on specific details. We’ll analyze all aspects to build a strong defence:

  • You didn’t enter the place, or there’s mistaken identity.
  • You did enter, but had permission to be there.
  • You didn’t intend to commit an additional crime inside.
  • Any evidence linking you to the scene is weak or unreliable.

Frequently Asked Questions

Intent is key. If you entered with the plan to commit a theft, that’s enough, even if you changed your mind.

While a factor the Crown considers, it can still be serious, especially for a dwelling.

No. Even opening an unlocked door without permission counts, if the other elements are met.

Let's Talk About Your Case

Breaking and entering charges vary widely in severity but always carry potential for serious consequences. Don’t underestimate these charges, seek legal advice as soon as possible. Contact us for a free case review to discuss your situation and potential defences.

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