The definition of breaking and entering can be found under Section 348 of the Criminal Code. What constitutes an offence is not the mere fact of entering an area without an authorization, but rather entering with the intent of committing a criminal act therein or also, entering and indeed committing a criminal act.
It is not necessary to have knocked open a door or broken a window to be found guilty. For example, someone who enters their neighbour’s unlocked door and hits them shall be found guilty of this offence. There are various places where breaking and entering can be committed: a house, an industrial building, a construction lot of any kind, a fenced-in area, etc.
Breaking and entering is liable to life imprisonment if committed in a residence (Section 348 (1) d) Criminal Code, or to a maximum of ten years if committed in another place. It is possible to be given an absolute discharge in certain exceptional cases (Section 348 (1) e) Criminal Code). It is presumed that a person entering or leaving a place where they broke in went there in order to commit a criminal act.
Several defences can be considered by a criminal lawyer, namely: what evidence is there that the client intended to commit a criminal act? What explains the presence of the client in this place? Is there evidence of the identity of the person who entered?
Please consult the other postings of this web site to find examples of cases of breaking and entering pleaded by lawyers of our firm.
