Break and Enter

Break and Enter

Criminal Code: Section 348

Break and Enter

Criminal Code: Section 348

Break and Enter

Overview

Break and enter occurs when a person illegally enters a place with the intent to commit or prepare to commit a criminal act. For example, entering a house without permission to steal or breaking a window to set fire to a business constitutes break and enter. It is not necessary to prove the use of force; entering without a legitimate excuse, with the intent to commit a crime or while committing one, is sufficient to establish the offense.

Legal Consequences

The Criminal Code provides that anyone who breaks into a place is presumed to have the intent to commit a criminal act. However, this presumption can be rebutted with contrary evidence, such as a plausible explanation that creates reasonable doubt. The term “place” in the Code includes a variety of locations, such as a house, a non-residential building, a railway vehicle, a ship, an aircraft, or a trailer. A park or enclosure where animals are kept may also be considered a “place” under the law.

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