Canadian Criminal Sentencing/Offences/Break and Enter

= Break and Enter =

Application
A first-time offender of good character who is charged with Break and Enter and where the offence is of a low-end nature (e.g. single incident, low value of property, property recovered), a suspended sentence may be appropriate. If, however, there are multiple incidents, a custodial sentence is the usual punishment.

 Aggravating 
 * whether it was a private dwelling rather than a commercial building;
 * extent of planning and sophistication
 * the building was occupied at the time;
 * the offender was aware or reckless to whether it was occupied;
 * used violence or threats of violence to a person or property
 * damage to property

The maximum penalty for Break and Enter on a dwelling house is life. The maximum penalty for Break and Enter on a premises other than a dwelling house is 10 year on indictable election and 6 months on summary election.

Certain provinces have set a benchmark for residential B&E's at 3 years.

Home Invasion
In Newfoundland, courts have suggested that a range of break and enter into dwellings is between 12 and 36 months.

Ancillary Orders

 * Discretionary DNA order (Secondary designated offence)

=See Also=
 * Canadian Criminal Sentencing/Offences/Forceable Entry
 * Canadian Criminal Sentencing/Offence/Unlawfully in a Dwelling