Breaking and entering is an offence when someone breaks and enters into a place with the intent to commit an indictable offence whether or not they actually succeed in doing it. This means if you break and enter into a place but are scared off before you actually commit an offence, you can still be charged with breaking and entering.
The Criminal Code provision for breaking and entering presumes that if an accused is caught attempting to break and enter or does, in fact, break and enter into a place, then they did so with the intent to commit an indictable offence. This presumption remains intact unless the accused has proof to support the contrary.
For the purposes of this offence, a place can be any one of the following:
(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.
Society has recognized our homes to be a sacred place. It is where everyone keeps their most valuable belongings and a place where everyone should be able to feel safe and secure. Therefore, breaking and entering into a home carries more serious consequences. If found guilty of breaking and entering into a home, the accused could be sentenced to life imprisonment, whereas in any other case, the maximum penalty is 10 years’ imprisonment.
If you have been charged with Breaking and Entering in BC, contact us for a consultation.