Break and Enter is the unlawful access to a location with the intent to commit a serious indictable crime inside.

Break and Enter: Criminal Code Provisions (s. 348)

Criminal Code Provision: Offence Defined

348 (1) Every one who

1. Breaks and enters a place with the intent to commit an indictable offence therein,
2. Breaks and enters a place and commits an indictable offence therein, or
3. Breaks out of a place after
   • Committing an indictable offence therein, or
   • Entering the place with the dintent to commit an indictable offence therein,
   is guilty
4. If the offence is committed in relation to a dwelling-house , of an indictable offence and liable to imprisonment for life , and
5. 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.

Understanding Break and Enter

Break and enter happens when an individual unlawfully enters (or tries to enter) a location with the purpose of committing an indictable crime (like theft, assault, or vandalism).

Key Points:

• “Breaking” doesn’t exclusively refer to forced entry—merely opening a door, window, or using trickery to access something qualifies.
• “Entering” refers to any level of entry, such as extending a hand through a window.
• The crime is complete as soon as there is intent to commit an indictable offence , even if nothing is taken.
• Escaping from a location after carrying out a serious crime also counts.

Examples include:

• Entering a home at night to steal valuables
• Breaking into a store after hours
• Forcing open a car door to steal items inside (vehicle break-ins are often charged as mischief or theft, but can fall under B&E if considered a “place”).

Sentencing for Break and Enter:

Break and enter is always treated seriously, especially when it involves someone’s home.

1. Summary Conviction – If prosecuted summarily, the maximum sentence of 2 years less a day .
2. Indictment – If the Crown proceeds by way of indictment, a maximum of 10 years imprisonment may be ordered..
3. Factors courts consider – Whether the location was a residence, the hour of the day, whether the defendant was carrying a weapon, whether threats were issued, the worth of real estate taken, and the criminal record of the defendant.

Leading Case Law of Break and Enter

In the case of R.V. Collins, [1987] 1 S.C.R. 265 , the Court affirmed that “breaking” may be as straightforward as opening an unlocked door or window that is closed. In cases of break and enter, the emphasis is on illegal access with the purpose of executing an indictable crime , rather than solely on violent and forceful entry. Even a slight entry with unlawful intent, like forcing a door open and entering, suffices for a conviction.