Breaking and Entering

Breaking and entering a house is considered one of the most serious offenses and carries a maximum sentence of life imprisonment. It is one of the most punishable crimes included in the Criminal Code, because the law and the society has long considered that a home is a sacred place that must be afforded protection.

There are two classifications for this crime, either inside a house or any other place that is not a residence. If the infraction is committed in any other place than a home, the penalties are less important than a dwelling house.

Breaking and entering must be done for the purpose of committing a crime. Indeed, if a person enters a house without having any intention of committing an offense, he can be acquitted of the charges. However, there exists a presumption against the accused, which states that if he did enter a place, he had the intention to commit a crime.

Considering the gravity of the sentence that can be imposed if convicted of this crime, it is highly recommended to have your case evaluated by a Criminal attorney.

Section 348 of the Criminal Code: Breaking and entering with intent, committing offence or breaking out

348(1) 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,

is guilty

d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and

e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

Presumptions

(2) For the purposes of proceedings under this section, evidence that an accused

a) broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or

b) broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after

     (i) committing an indictable offence therein, or

     (ii) entering with intent to commit an indictable offence therein.

Definition of place

(3) For the purposes of this section and section 351, place means

a) a dwelling-house;

b) a building or structure or any part thereof, other than a dwelling-house;

c) a railway vehicle, a vessel, an aircraft or a trailer; or

d) a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.