Enter Premises By Break
Description
How to fill out Landlord Notice Of Intent To Enter Premises?
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FAQ
Breaking and entering and trespassing are related but distinct offenses in Canada. Breaking and entering involves unlawfully entering premises with the intent to commit an offense, while trespassing refers to being on someone else's property without permission. Understanding these differences is crucial, especially if facing legal consequences related to entering premises by break.
Penalties for Break and Enter Under s. 348 of the Code, if the offence is committed in a dwelling-house, you could face imprisonment for life. If the offence is committed in a place other than a dwelling-house you could face a prison term of up to 10 years.
Break and enter happens when someone enters your property (for example, your home or office), without permission, with the intention of committing a crime, often theft. Regardless of the value of property stolen or destroyed, break and enter is a serious offence.
For example, a person enters a grocery store during the night intending to steal something. Even if they do not manage to steal anything, they can be charged with breaking and entering.
There are numerous potential defences to a break and enter which includes identity, consent from the property owner, the lack of an intention to commit an indictable offence, or a Charter defence. Each of these defences if successful could lead to your acquittal of the charges.
What is the Sentence for Break and Enter? A conviction for break and enter into a dwelling carries a maximum sentence of imprisonment for life. Break and enter into a non-dwelling carries a maximum sentence of 10 years in prison. These are very serious consequences.
