Break and Enter, Non-Dwelling (Sentencing Cases)
| This page was last substantively updated or reviewed January 2019. (Rev. # 92950) |
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Offence Wording
- Breaking and entering with intent, committing offence or breaking out
348 (1) Every one who
- (a) breaks and enters a place with intent to commit an indictable offence therein,
- (b) breaks and enters a place and commits an indictable offence therein, or
- (c) breaks out of a place after
- (i) committing an indictable offence therein, or
- (ii) entering the place with intent to commit an indictable offence therein,
is guilty
- (d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and
- (e) 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.
[omitted (2) and (3)]
R.S., 1985, c. C-46, s. 348; R.S., 1985, c. 27 (1st Supp.), s. 47; 1997, c. 18, s. 20.
- Breaking and entering to steal firearm
98 (1) Every person commits an offence who
- (a) breaks and enters a place with intent to steal a firearm located in it;
- (b) breaks and enters a place and steals a firearm located in it; or
- (c) breaks out of a place after
- (i) stealing a firearm located in it, or
- (ii) entering the place with intent to steal a firearm located in it.
[omitted (2) and (3)]
- Punishment
(4) Every person who commits an offence under subsection (1) [breaking and entering to steal firearm] is guilty of an indictable offence and liable to imprisonment for life.
R.S., 1985, c. C-46, s. 98; R.S., 1985, c. 27 (1st Supp.), s. 13; 1991, c. 40, s. 11; 1995, c. 39, s. 139; 2008, c. 6, s. 9.
[annotation(s) added]
Digests
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Brimner, 2016 ABCA 349 (CanLII), per curiam | AB  |
CA | 15 months imprisonment | "Mr. Brimner was 50 years old at the time of the offence. He entered guilty pleas on the morning of the trial. He broke into a storage building and was loading tires into a stolen truck, when the police caught him in the act. Upon searching the truck, the police found tools suitable for breaking and entering. He had over 30 convictions on his record, including three prior convictions for break and enter. He had a history of drug and alcohol abuse, and was also suffering from an addiction to cocaine at the time of the offences. The longest prior jail sentence for break and entering was three months, consecutive to another three month sentence for possession of stolen property. Gladue factors were applicable. The court found that a 15 month global sentence was fit." (Quoting from R v Jones, 2017 ABPC 69 (CanLII)), at para 30 Find summaries of case. |
| R v Lundrigan, 2012 NLCA 43 (CanLII), per Rowe JA | NL  |
CA | 3 months imprisonment | Break into store stealing 3 bags of chips and break into law office for cash box--no record Find summaries of case. |
| R v Desnomie, 2012 SKCA 11 (CanLII), per Cameron JA | SK  |
CA | 47 months imprisonment | B&E into pharmacy, used violence against occupants Find summaries of case. |
| R v O’Neil,, 2011 CanLII 75711 (NL PC), per Gorman J | NL |
PC | 12 month CSO | break into hotel bar stole approx. 4,000$ Find summaries of case. |
| R v Saunders, 2011 CanLII 61825 (NL PC), per Gorman J | NL |
PC | 5 months imprisonment | 3 buildings; prior record Find summaries of case. |
| R v Mason, 2011 MBPC 48 (CanLII), per Sandhu J | MB  |
PC | 18 mo CSO | guilty plea; youthful; prior record Find summaries of case. |
| R v Fitzpatrick, 2010 CanLII 43847 (NL P.C.), per Porter J | NL |
PC | 9 months imprisonment | B&E into convenience store; was youthful, no adult record, was drunk at time. Find summaries of case. |
| R v Adams, 2010 NSCA 42 (CanLII), per Bateman JA | NS  |
CA | 3 years imprisonment x 2 | break into Self-Storage unit Find summaries of case. |
| R v Jeffrey, 2009 BCSC 1076 (CanLII), per Joyce J | BC  |
SC | 2 years imprisonment | 2 x B&E into commericla property; some dated prior record Find summaries of case. |
| R v Richards, 2008 ABPC 35 (CanLII), per Lamoureux J | AB |
PC | 2 years less a day CSO | B&E into commercial establishments all on same day; long record Find summaries of case. |
| R v McAllister, 2008 NSCA 103 (CanLII), per Oland JA | NS |
CA | 3 years imprisonment | very long record for B&E; broke into courthouse and stole money Find summaries of case. |
| R v Korte, 2008 ABCA 286 (CanLII), per Kent J | AB |
CA | 16 months imprisonment | broke into grocery store, stole thousands of dollars in goods; lengthy record Find summaries of case. |
| R v Matychuk, 2008 SKCA 32 (CanLII), per Wilkinson JA | SK |
CA | 13 months imprisonment | 3 commercial buildings; 68 prior convictions; history of drug use; CSO overturned Find summaries of case. |
| R v Bruce, 2008 MBPC 8 (CanLII), per Preston J | MB |
PC | 66 months imprisonment | 25 year old, no prior record; mastermind behind 17 commercial break and enters Find summaries of case. |
| R v Cousins, 2007 SKCA 86 (CanLII), per Hunter JA | SK |
CA | 1 year imprisonment | while on CSO, broke into auto body shop, stole 2 cars Find summaries of case. |
| R v Hogg, 2007 ABPC 287 (CanLII), per Stevens-Guille J | AB |
PC | 6 months imprisonment | used job in security to get access into businesses; steal computers Find summaries of case. |
| R v Desjardins, 2007 ONCA 345 (CanLII), per curiam | ON  |
CA | 3 years imprisonment | broke into store; stole float; 50 prior convictions; got 14 year old daughter to help Find summaries of case. |
| R v Durham, 2006 BCPC 382 (CanLII), per Bennett | BC |
PC | 6 month CSO | broke into carport and residential shed; long record back to 1973 Find summaries of case. |
| R v Lywood, 2006 ABCA 107 (CanLII), per Russell JA | AB |
CA | 8.3 mo after remand (Joint Sub.) | 25 prior B&E; 18 mo prior to remand Find summaries of case. |
| R v Knife, 2006 ABPC 205 (CanLII), per LeGrandeur J | AB |
PC | time served (3.5 mo credit) | broke into office; took keys, change and cigars; long record Find summaries of case. |
| R v Dieter, 2007 ABCA 152 (CanLII), per Paperny JA | AB |
CA | 3 years imprisonment | prior record; break into hair salon; was on parole from previous offence at time Find summaries of case. |
| R v Prasad, 2006 ABCA 288 (CanLII), per Germain JA | AB |
CA | 18 months imprisonment | stole cash box at store and a car |
| R v Allison, 2005 MBCA 141 (CanLII), per Steel JA | MB |
CA | 9 months imprisonment | break into store; theft over 5,000 Find summaries of case. |
| R v Penney, 2005 NLCA 31 (CanLII), per Welsh JA (2:1) | NL |
CA | 2 years imprisonment | break into pharmacy; stole 10,000 of property. Find summaries of case. |
| R v Ladouceur, 2005 ABCA 408 (CanLII), per Fraser JA | AB |
CA | 10 months imprisonment | break into commercial residence; steals pants; intoxicated at time Find summaries of case. |
| R v Musqua, 2004 SKCA 108 (CanLII), per Gerwing JA | SK |
CA | 18 months imprisonment | broke into garage; got into fight with residents Find summaries of case. |
| R v Mitzel, 2002 BCCA 333 (CanLII), per Saunders JA | BC |
CA | 6 months imprisonment | T.V. and video store; long prior record Find summaries of case. |
| R v Buggins, 2002 ABQB 90 (CanLII), per Viet J | AB |
SC | 77 week CSO | Find summaries of case. |
| R v Parlee, 2002 NBCA 21 (CanLII), per curiam | NB  |
CA | 2 years less a day imprisonment | broke into garage (6 months) Find summaries of case. |
| R v Sayer, 2001 SKCA 73 (CanLII), per Jackson JA | SK |
CA | 2 years imprisonment | 39 garages Find summaries of case. |
| R v GER, 2001 NFCA 56 (CanLII), per Wells CJ | NL |
CA | 3 years imprisonment | 4 B&E into commercial premises Find summaries of case. |
| R v Zahorejko, 2000 BCCA 259 (CanLII), per Prowse JA | BC |
CA | 9 months imprisonment | break into a garage Find summaries of case. |
| R v Beney, 1998 CanLII 12194 (NB C.A.), per curiam | NB |
CA | 10 months imprisonment | garage Find summaries of case. |
| R v Antoine, (1998), 126 Man.R.(2d) 317 (CA)(*no CanLII links) | MB |
CA | 3 months imprisonment | garage; first time offender
|
| R v Beney, 1998 CanLII 2194 (NB CA), [1998] N.B.R.(2d) (Supp.) No 14 (CA), per curiam |
NB |
CA | 10 months imprisonment | garage was 5 months Find summaries of case. |
| R v Jackson, 1997 CanLII 4589 (PE S.C.A.D.), per Mitchell JA | PEI  |
CA | 3 months CSO | youthful offender, prior youth record, significant damage to property Find summaries of case. |
| R v Badger, 1996 CanLII 4935 (SK CA), per Cameron JA | SK |
CA | 6 months imprisonment | broke into garage Find summaries of case. |
| R v McKay, 1993 CanLII 3242 (NS C.A.), per Clarke CJ | NS |
CA | 2 years imprisonment | grocery store, taken $960+ in items Find summaries of case. |
| R v Schrader, 1991 CanLII 2592 (NS CA), 104 NSR (2d) 91 (CA), per Chipman JA |
NS |
SC | Suspended | Offender was 20 years old with a long youth and adult record, including break and enter. Good potential for rehabilitation. Find summaries of case. |
| R v Bursey, 1991 CanLII 2576 (NS CA), 104 NSR (2d) 94 (CA), per Chipman JA |
NS |
SC | Suspended | Offender was 20 years old with prior convictions, including theft, breach of probation and break and enter. Impressive rehabilitation efforts Find summaries of case. |
| R v Duncan, 1990 CanLII 2258 (BC CA), per Anderson JA | BC |
CA | 6 months imprisonment (B&E #1) 10 months imprisonment (B&E #2) dangerous driving (2 months) 12 months (global) |
Offender was observed breaking into two stores on two separate dates. In latter break, he was observed escaping the scene. The offender was 29 years old and had a record. Find summaries of case. |
| R v Weaver, 1990 CanLII 2355 (NS C.A.), per Macdonald JA | NS |
CA | 12 months imprisonment | four counts B&E, including shed and arenas. Find summaries of case. |
| R v Armbruster, [1985] NJ No 88 (NLCA)(*no CanLII links) | NL |
CA | 5 years imprisonment |
|
| R v Rudderham, 1983 CarswellNS 502 (NSCA)(*no CanLII links) | NS |
CA | Suspended Sentence | The offender broke into a car dealership. he was 19 years old with a criminal record. He had psychiatric and addiction problems. He had served 2 months on remand.
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