Canadian Criminal Law/Offences/Unlawfully in a Dwelling

Proof of the Offence
The following should be proven:
 * 1) identity of accused
 * 2) date and time of incident
 * 3) jurisdiction (incl. region and province)
 * 4) the accused entered into the premises
 * 5) the premises was a dwelling house
 * 6) the accused had no justification for entering the premises or permission to enter
 * 7) the accused intended to commit an indictable offence (presumed under s. 349(2))

Essential elements are in bold.

Application
The offence can be committed in two ways, either by "entering" or "being in" a dwelling-house without a lawful excuses with the intent to commit an indictable offence.

The mens rea is made out where 1) there is a general intent to enter the dwelling-house without lawful excuse, and 2) the specific intent to commit an indictable offence.

The crown must prove an entry and and intent to commit an indictable offence therein.

The presumption under s.349(2) is a mandatory inference. Once the actus reus is proven that the accused was in the dwelling the mes rea is presumed.