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Stephen R. Biss

Barrister & Solicitor

303-470 Hensall Circle

Mississauga, ON

L5A 3V4

905-273-3322

biss@lawyers.ca

Youth Courts We Cover

We represent young persons at all GTA Youth Court Courthouses including Brampton, Milton, Orangeville, Guelph, and Toronto.

​© Copyright 2018 Stephen R. Biss, Barrister & Solicitor

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Breaking & Entering

Youth Sentences for Breaking & Entering

Age 13 Brampton Youth Court Break & Enter Dwelling with A Prior Record

Age 15 Brampton Youth Court Break & Enter Dwelling with A Prior Record

Reported Sentencing Cases for Break & Enter Dwelling House and Commit Indictable Offence

Please see the blog page to read more about "Breaking & Entering". You will need a lawyer. Phone Stephen Biss at 905-273-3322.

There are several Canadian offences of breaking and entering. Breaking & entering a dwelling house is more serious than breaking & entering a school or business. Because breaking & entering a dwelling house can be so dangerous to the residents, the accused, and the public it is treated for adults as a potential life imprisonment offence. It's that serious.

 

A parent of a child that has been allegedly involved in a house break & entry needs to know that the consequences are going to be very serious. That parent needs to consult a lawyer immediately.

 

There are different offences as well for breaking and entry of a place with intent to commit an offence, breaking, entering, and committing an offence therein, and breaking out of a place after being involvred in an offence. These offences are described in Criminal Code of Canada section 348.

 

The concept of "place" is defined in section 348(3).

 

The concept of "break" is defined in section  321.

 

It is an offence under section 349 to be unlawfully in a dwelling house.

 

Section 350 creates a very broad concept of "enter" in Canada.

 

It is also a criminal offence in Canada to possess break-in instruments or to wear a disguise with intent to commit an indictable offence. See section 351.

 

Criminal Code excerpts with adult punishments:

 

321. In this Part,“break”« effraction »“break” means(a) to break any part, internal or external, or(b) to open any thing that is used or intended to be used to close or to cover an internal or external opening;

 

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.

 

(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.

 

Aggravating circumstance — home invasion

 

348.1 If a person is convicted of an offence under section 98 or 98.1, subsection 279(2) or section 343, 346 or 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,

 

(a) knew that or was reckless as to whether the dwelling-house was occupied; and

 

(b) used violence or threats of violence to a person or property.2002, c. 13, s. 15; 2008, c. 6, s. 34.

 

Being unlawfully in dwelling-house

 

349. (1) Every person who, without lawful excuse, the proof of which lies on that person, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

 

Presumption

 

(2) For the purposes of proceedings under this section, evidence that an accused, without lawful excuse, entered or was in a dwelling-house is, in the absence of any evidence to the contrary, proof that he entered or was in the dwelling-house with intent to commit an indictable offence therein.

 

R.S., 1985, c. C-46, s. 349; 1997, c. 18, s. 21.

 

Entrance

 

350. For the purposes of sections 348 and 349,

 

(a) a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and

 

(b) a person shall be deemed to have broken and entered if

 

(i) he obtained entrance by a threat or an artifice or by collusion with a person within, or

 

(ii) he entered without lawful justification or excuse, the proof of which lies on him, by a permanent or temporary opening.

 

R.S., c. C-34, s. 308.

 

Possession of break-in instrument

 

351. (1) Every one who, without lawful excuse, the proof of which lies on them, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for such a purpose,

 

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

 

(b) is guilty of an offence punishable on summary conviction.

 

Disguise with intent

 

(2) Every one who, with intent to commit an indictable offence, has his face masked or coloured or is otherwise disguised is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

 

R.S., 1985, c. C-46, s. 351; R.S., 1985, c. 27 (1st Supp.), s. 48; 2008, c. 18, s. 9.Previous Version