Under section 348 of the Criminal Code, break and enter is defined as entering a place, which includes residence, business or other property, without permission and with an intent to commit a crime. A forced entry, such as damaging a lock, a door or a window, is not required. Entering the place through an open window or an unlocked door, if you did not have permission to be there, may be sufficient to constitute the offence.
According to the Criminal Code you can be found guilty of the offence of breaking and entering with intent if you:
- break and enter a place with intent to commit an indictable offence;
- break and enter a place and commit an indictable offence; or
- break out of a place after committing an indictable offence;
The property can be a residence, a warehouse, a building or structure or any part thereof, a railway vehicle, a vessel, an aircraft or a trailer, or a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes. As we can see, the definition of property is very broad.
Although there is no specific charge of home invasion in the Criminal Code, the court treats those who enter a home illegally harshly. Even if the residents are unharmed, breaking into a home while there is someone there is seen as an aggravating factor for sentencing.
In order to prove the offence of break and enter, the Crown Attorney (prosecutor) must demonstrate that you are the person entered the property without a lawful reason; and the Crown must prove beyond a reasonable doubt that you entered the property with the intent to commit an indictable offence, such as theft. Your intention is what is important when prosecuting a charge of break and enter, not whether you actually stole something or committed any other crime.
The sentencing range for Brean and Enter is provided under s.348 of the Code, if the offence is committed in a dwelling-house, you could face imprisonment for life. If the offence is committed in a place other than a dwelling-house you could face a prison term of up to 10 years.