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Breaking &

Entering

Breaking and Entering Charges in Canada

Breaking and entering (B&E) is a serious criminal offence in Canada, governed by Section 348(1) of the Criminal Code. This crime can lead to severe penalties, including potential life imprisonment, especially in cases involving dwellings. Understanding the legal implications and the various elements of this offence is crucial for those facing such charges. Below is a detailed breakdown of breaking and entering charges, including what constitutes the offence, the potential penalties, and how it differs from related crimes like robbery and home invasion.

What is Breaking and Entering?

Breaking and entering refers to unlawfully entering a place, such as a home or business, with the intent to commit an indictable offence. It is important to note that the term “breaking” does not necessarily involve physical destruction, such as breaking a door or window. Simply opening an unlocked door or using a key to gain unauthorized entry can qualify as “breaking” under Canadian law.

Types of Breaking and Entering:

  1. Dwelling-Houses (Homes): This includes houses, apartments, cottages, or any place where people reside. The penalties for breaking into a dwelling are particularly harsh, as these cases often involve an invasion of personal space and privacy.

  2. Non-Dwellings (Commercial Properties): This includes businesses, warehouses, government buildings, and other similar properties. While penalties for non-dwelling B&Es are still severe, they do not carry the same maximum sentences as dwellings.

Breaking and Entering vs. Home Invasion and Robbery

Understanding how breaking and entering differs from other similar offences can provide clarity in how the law treats these crimes.

  1. Home Invasion: While not a separate offence under the Criminal Code, home invasion refers to a break and enter into a dwelling where occupants are present, often involving threats or violence. The presence of people in the home significantly escalates the seriousness of the crime, leading to harsher sentences, including life imprisonment.

  2. Robbery: Robbery involves the use of force or threats to steal property. Unlike breaking and entering, robbery does not necessarily involve entering a premises. For example, a robbery can occur on the street without any unlawful entry.

Legal Penalties for Breaking and Entering

The penalties for breaking and entering in Canada vary depending on whether the offence involves a dwelling or a non-dwelling.

Breaking and Entering a Dwelling (Section 348(1)(d)):

  • Maximum Penalty: Life imprisonment.

  • Minimum Penalty: While there is no mandatory minimum, even first-time offenders often face jail time. A suspended sentence with probation may be the lowest possible sentence, but a criminal record is inevitable upon conviction.

Breaking and Entering a Non-Dwelling (Section 348(1)(e)):

  • Maximum Penalty: Up to 10 years in prison.

  • Sentencing Range: Sentences typically range from 6 months to 4 years, depending on the severity of the crime and whether it involved a breach of trust (e.g., employee theft).

Common Indictable Offences Involved in B&E Cases

For a breaking and entering charge to be laid, the Crown must prove intent to commit an indictable offence. Some of the most common offences associated with B&E include:

Defending Against Breaking and Entering Charges

Being charged with breaking and entering does not automatically mean a conviction. Several defences may be available, depending on the specifics of the case:

  • Lack of Intent: The Crown must prove that the accused intended to commit an indictable offence. Without clear evidence of this intent, a conviction may be difficult to secure.

  • Lawful Entry: If the accused had a legal right to enter the premises (e.g., shared property or confusion over ownership), this could be a valid defence.

  • Mistaken Identity: In cases without strong evidence linking the accused to the scene, such as fingerprints or video footage, the Crown may struggle to prove guilt beyond a reasonable doubt.

Impact of a B&E Conviction

A conviction for breaking and entering can have long-lasting consequences, including a permanent criminal record, restrictions on travel, and potential deportation for non-citizens. Given the seriousness of these charges, it is essential to seek legal representation from an experienced criminal defence lawyer.

If you have been charged with breaking and entering, contact Patmore Criminal Defence immediately to discuss your case. Ryan's extensive experience in defending clients against serious criminal charges, including B&E, ensures that your rights are protected throughout the legal process.

Why Choose Ryan Patmore Criminal Defence?

Breaking and entering charges in Canada carry severe penalties, particularly when dwellings are involved. Understanding the nuances of the law, including the differences between B&E, home invasion, and robbery, can be critical in mounting a successful defence. If you or someone you know is facing such charges, seeking legal counsel as soon as possible is vital to achieving the best possible outcome.

Though based in Calgary, Ryan Patmore Criminal Defence represents clients across Western Canada. If you're facing charges, contact us for a consultation to discuss your case and explore your legal options.