If someone is inside the house when there is a break-in, it is considered a home invasion. Compared to a simple break-in, these offenses carry far lengthier jail sentences. The Crown views home invasion as a far more serious offense. If you are being charged with home invasion, you need an extremely skilled defence lawyer

Understanding the Offence of Break and Enter With Intent

The crime of breaking into a place with the intention of committing a crime there is known as “break and enter.” Consider the term “intent.” This means that if an accused person had the intention of committing another crime, like stealing, they could still be found guilty of break and enter even if they do not actually perform another crime while on the property.

Break and Enter Offences Fall into Two Categories:

1) breaking and entering into a residence, and 2) breaking and entering into a location other than a dwelling. A residence may consist of a home, an apartment, or simply a garage. A warehouse, convenience store, or any other location of a similar nature can be considered a non-dwelling.

The word “break” does not imply that the accused must physically smash a window or break down a door in order to be found guilty of this crime. Actually, “breaking” can mean as little as reaching through an open window or even opening a door and entering.

Section 348.1 of the Criminal Code of Canada Provides as Follows:

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.

Consequences of Unlawfully in a Dwelling House?

Section 349 of the Criminal Code of Canada Provides as Follows:

• 349 (1) Every person who, without lawful excuse, 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 of not more than 10 years or of an offence punishable on summary conviction.

• (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.

Having a valid reason to enter the residence is the most evident defence against an allegation of being in violation of the dwelling laws.

Charged With Break and Enter?

Do you have any reports of break-ins, break-ins into homes, or home invasions? Get free legal advice and a consultation by giving Collett Read LLP a call now. For urgent matters, please call us at (905) 541-2228.