Toronto Break and Enter Lawyer
Charged with a Break and Enter in Toronto? A Toronto Break and Enter Lawyer can assist with guiding you through the entire court process:
- The arrest process
- The bail hearing
- The first appearance and all other subsequent appearances in court
- A guilty plea or trial
Break and Enter charges are serious offences, and expert guidance at each step of the process is paramount in order to protect your rights and interests.
What is the Offence of Break and Enter
The law on break and enter under the Criminal Code of Canada is primarily governed by Section 348. This section outlines the offences related to breaking and entering with intent to commit an indictable offence, committing an indictable offence after breaking and entering, and breaking out after committing an indictable offence or entering with intent to commit an indictable offence.
Under Section 348(1), an individual is guilty of an indictable offence if they break and enter a place with the intent to commit an indictable offence, break and enter and commit an indictable offence, or break out after committing or intending to commit an indictable offence.
Section 348(2) establishes presumptions for proceedings under this section. It states that evidence of breaking and entering or attempting to break and enter is, in the absence of evidence to the contrary, proof of intent to commit an indictable offence. Similarly, evidence of breaking out is proof of having committed or intended to commit an indictable offence.
The definition of “enter” for the purposes of Sections 348 and 349 is provided in Section 350. A person is considered to have entered as soon as any part of their body or any instrument they use is within the place being entered. Additionally, a person is deemed to have broken and entered if they obtained entrance by threat, artifice, or collusion, or if they entered without lawful justification or excuse through any opening.
What Are the Penalties for Break and Enter
The penalties vary depending on whether the offence is committed in relation to a dwelling-house or another type of place. If the offence involves a dwelling-house, the individual is liable to imprisonment for life. If it involves a place other than a dwelling-house, the individual is liable to imprisonment for up to ten years or may be punished on summary conviction.
The sentencing (or punishment) range for break and enter under the Criminal Code of Canada varies depending on the nature of the place involved and the specific circumstances of the offence. Generally, if the break and enter is committed in relation to a dwelling-house, the offender is liable to imprisonment for life. If the offence is committed in relation to a place other than a dwelling-house, the offender is liable to imprisonment for a term not exceeding ten years or may be punished on summary conviction.
Additionally, specific cases illustrate the application of these sentencing principles. For example, in R. v. L.B., the accused was sentenced to six concurrent six-month sentences followed by two years of probation for multiple counts of break and enter, highlighting the court’s consideration of aggravating factors such as the persistence of the accused and the nature of the property taken R. v. L.B., [2004] O.J. No. 6037. Similarly, in R. v. D.P., the accused faced multiple counts of break and enter with intent and theft, demonstrating the range of charges and potential penalties under section 348 of the Criminal Code R. v. D.P., [2002] O.J. No. 1871.
Consult with a Toronto Break and Enter Lawyer to narrow down the sentencing range in your specific case.
Potential Defences in Break and Enter Cases
To be able to put up a good defence, a Toronto Break and Enter Lawyer needs to carefully review the evidence in your case. There’s no way to build a defence without that. But generally speaking, there may be certain “angles” on which to “attack” Break and Enter cases.
The potential defences to the offence of break and enter can vary depending on the circumstances of the case. One common defence is the belief that the accused had a legal right to enter the premises. This can be demonstrated if the accused reasonably believed they had title to or an interest in the property that entitled them to enter, or if they had legal justification or permission from an authorized person to enter the premises.
Another defence is intoxication, which can be relevant in cases where the offence requires specific intent. Intoxication may negate the requisite intent for certain indictable offences, although it is not a defence for general intent offences under section 348(1)(b) of the Criminal Code.
Additionally, the presumption under section 348(2) of the Criminal Code can be challenged. This presumption establishes a prima facie case that the accused had the intent to commit an indictable offence upon breaking and entering. The accused can rebut this presumption by providing evidence to the contrary, such as demonstrating that they did not commit any offence after entering the premises or that their behaviour was irrational due to alcohol or drug consumption.
In summary, defences to break and enter charges can include a reasonable belief of legal right to enter, intoxication affecting specific intent, and rebutting the presumption of intent to commit an indictable offence. These defences must be supported by credible evidence to be effective in court.
How Long Can Break and Enter Cases Last
Break and Enter cases commonly last 5-8 months if they resolve without a trial and over 12-14 months if they proceed to trial. Retaining a Toronto Break and Enter Lawyer can “shorten” the length of the case, as they can efficiently navigate the court process without wasting time.
Retain a Toronto Break and Enter Lawyer Today
Contact Andrew Captan – a Toronto Break and Enter Lawyer – for a free case review at (647) 878-6355 or by visiting his website HERE.
