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Break and Enter
Breaking and
entering with intent, committing offence or breaking out (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. (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. R.S.,
1985, c. C-46, s. 348; R.S., 1985, c. 27 (1st Supp.), s. 47; 1997, c. 18, s.
20. 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. (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. 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. (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. Possession of instruments for breaking into coin-operated or currency
exchange devices 352. Every one
who, without lawful excuse, the proof of which lies on him, has in his
possession any instrument suitable for breaking into a coin-operated device or
a currency exchange device, under circumstances that give rise to a reasonable
inference that the instrument has been used or is or was intended to be used
for breaking into a coin-operated device or a currency exchange device, is
guilty of an indictable offence and liable to imprisonment for a term not
exceeding two years. R.S., c.
C-34, s. 310; 1972, c. 13, s. 26; 1974-75-76, c. 93, s. 28. |
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