Break and Enter, Private Dwelling (Sentencing Cases)

From Criminal Law Notebook
This page was last substantively updated or reviewed January 2023. (Rev. # 92951)
See also: Break and Enter (Sentencing Cases)

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.

CCC (CanLII), (DOJ)


Note up: 348(1)

Aggravating circumstance — home invasion

348.1 If a person is convicted of an offence under section 98 [breaking and entering to steal firearm] or 98.1 [robbery to steal firearm], subsection 279(2) [forcible confinement] or section 343 [robbery – forms of offence], 346 [extortion] or 348 [break and enter] in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,

(a) knew that or was reckless as to whether the dwelling-house was occupied; and
(b) used violence or threats of violence to a person or property.

2002, c. 13, s. 15; 2008, c. 6, s. 34.

CCC (CanLII), (DOJ)


Note up: 348.1

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]

CCC (CanLII), (DOJ)


Note up: 98(1) and (4)

Digests

Case Name Prv. Crt. Sentence Summary
2022
R v Aalbers, 2022 SKCA 105 (CanLII), per Schwann J SK CA
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Keywords: None
2019
R v Sand, 2019 SKQB 123 (CanLII), per Danyliuk J SK SC
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Keywords: None
2018
R v Dragani, 2018 BCCA 225 (CanLII), per Savage JA BC CA 90 days imprisonment The offender was convicted of break & enter. He had no prior record. The Court of Appeal upheld the sentencing Judge's sentence
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Keywords: None
R v MacLeod, 2018 SKCA 1 (CanLII), per Caldwell JA SK CA "MacLeod was one of four individuals involved in a home invasion for the purpose of robbing the occupants of a dwelling house of drugs and money (a so-called "drug rip"). During the incident, one of the perpetrators was killed. The three remaining perpetrators each pled guilty to a different set of offences based on their respective roles. In his case, Mr. MacLeod had armed himself with a table leg, but he did not directly injure any of the occupants of the dwelling house. While acknowledging that the death of one of the perpetrators was an aggravating factor, the Court of Appeal reduced the sentence imposed by the sentencing judge from 7 years to 5.5 years. In so doing, the Court noted that the sentencing range for home invasion offences is 4 to 15 years, with the sentences falling in the range of 7 to 10 years." (Quoting from R v Naytowhow, 2023 SKPC 38 (CanLII))
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Keywords: None
2017
R v Tollestrup, 2017 ABPC 67 (CanLII), per Fradsham J AB PC "the 46-year old accused person pled guilty to 3 counts of break and enter into a residence, one count of attempted break and enter into residence, and 2 counts of breach of probation. At the time, the accused person had been addicted to opiates for 20 years, and had a lengthy and related criminal record. He was on probation when he committed the offences for which he pled guilty. Fradsham PCJ sentenced the accused person to 4 years or 1,460 days' imprisonment, less credit for time served, for net sentence of 222 days. Total sentence, before Fradsham PCJ applied the totality principle was 66 months, broken down as 15 months, 17 months and 20 months for each break and enter (consecutive) 7 months for the attempted break and enter (consecutive) and 4 months for the breach of probation (consecutive). Fradsham PCJ reduced the accused person's sentence because of the accused person's genuine desire and efforts to break out of his cycle of criminal activity." (Quoting from R v SmithLowe, 2018 ABQB 896 (CanLII)), at para 63
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Keywords: None
R v Jones, 2017 ABPC 69 (CanLII), per Pharo J AB PC 2 months imprisonment (theft)
18 months imprisonment (B&E)

[penalty unknown] (theft)
The offender was convicted of break and enter and theft. He smashed through the bedroom window of a home while no one was present and stole about $3,100 of property. He had a lengthy criminal record.

" accused person was a 33-year old drug addict, which he said served as motivation to commit the offences. While working for an employer who owned horses, the accused person twice sold horses without his employer's permission and retained proceeds of sales. He also broke into a private dwelling house and stole a camera and jewellery. He pleaded guilty to two counts of theft and one count of break and enter and committing indictable offence. Pharo PCJ sentenced the accused person to global sentence of 20 months' imprisonment, which was comprised of 8 months for break and enter, plus two months for each theft. The theft sentences would be served concurrently to each other, but consecutively to break and enter sentence. He said that the paramount sentencing principles on break and enter charge were deterrence and denunciation. He also considered rehabilitation, but held that it had less weight because accused was mature individual who had benefit of previous probation and conditional sentence orders." (Quoting from R v Smith-Lowe, 2018 ABQB 896 (CanLII)), at para 65
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Keywords: found guilty — addiction
R v Herrington, 2017 ABCA 61 (CanLII), per curiam AB CA 15 months imprisonment (B&E)
[penalty unknown] (B&E instr.)[penalty unknown] (breach)
The offender pleaded guilty B&E, poss'n of B&E instruments, and breach of probation.
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Keywords: None
2016
R v Clarke, 2016 ABPC 255 (CanLII), per Groves J AB PC "the accused person pled guilty to break and enter of a dwelling house in which he and 2 others stole property worth $7,500. He was 18-years old at time of offences. He had a difficult upbringing involving parental addiction, his father abandoning the family, and involvement of social services. The accused person had no prior criminal record. He had experienced substance abuse issues but had taken steps to address them through a residential treatment programme. As well, the accused person had incurred no further charges since being release in relation to the subject offences. Groves PCJ considered these, along with the accused person's youth, to be mitigating factors. He sentenced the accused person to 60 days' imprisonment and 12 months' probation." (Quoting from R v Smith-Lowe, 2018 ABQB 896 (CanLII)), at para 62
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Keywords: None
R v Wright, 2006 CanLII 40975 (ON CA), per Blair JA ON CA 8 years imprisonment
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Keywords: None
R v Turtle, 2006 MBCA 148 (CanLII), per Scott CJ MB CA 42 months imprisonment residence present; no violence used
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Keywords: None
R v Vincent, 2006 BCCA 135 (CanLII), per Ryan JA BC CA 9 months imprisonment followed victim into condo suite; pretended to be police; ran away when asked for search warrant
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Keywords: None
R v Carvalho, 2006 CanLII 12959 (ON CA), per curiam ON CA 5 years imprisonment break into residence at night while owner sleeping; then broke into back shed; very long record
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Keywords: None
R v Pelly, 2006 SKCA 60 (CanLII), per Cameron JA SK CA "Saskatchewan Court of Appeal repeated and expanded upon its earlier jurisprudence from cases like, R v Seymour (1994), 1994 CanLII 4672 (SK CA), 116 Sask R 234 (CA), that, when the facts of an offence entail a "home invasion", the duty of the Court is (in addition to the other sentencing principles) to maintain public confidence in the administration of justice by imposing a penalty of sufficient force to deter the offender and others from committing similar crimes in the future. The Court repeated its earlier comments that crimes of this nature give rise to a public concern as to whether the justice system is adequately protecting the public from violence and lawlessness in society, and whether the justice system is adequately protecting the right to be secure in one's home. ...

Other than articulating the sentencing principles, this case is not particularly helpful in terms of parity because the Court imposed consecutive sentences for two extremely violent home invasions." (Quoting from R v Naytowhow, 2023 SKPC 38 (CanLII))
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Keywords: None
2015
R v Foster, 2015 SKCA 114 (CanLII), per Ottenbreit JA SK CA
R v Green, 2015 CanLII 77573 (NLSCTD), per Handrigan J NL SC 12 months imprisonment
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Keywords: None
R v Jones-Solomon, 2015 ONCA 654 (CanLII) ON CA 13 years
2014
R v Martyn, 2014 ABCA 151 (CanLII), per curiam AB CA 5 years imprisonment offender charged with 5 B&Es and other charges. $53k worth of lost property. Offender was cooperative. He had a long criminal record.
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Keywords: None
R v Debigare, 2014 SKCA 2 (CanLII), per Caldwell JA SK CA
2013
R v Legault, 2013 BCPC 155 (CanLII), per Bennett J BC PC 5 years imprisonment Guilty plea for two residential breaks. 33 prior convictions for B&E.
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Keywords: None
R v Webb, 2013 ABCA 136 (CanLII), per Watson JA AB CA 3 years imprisonment offender was a "professional" burglar
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Keywords: None
2012
R v McAuley, 2012 CanLII 65027 (NL PC), per Gorman J NL PC Suspended
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Keywords: None
R v Duerksen, 2012 MBCA 41 (CanLII), per curiam MB CA 4 years imprisonment 96 breaks over 21 years--offender was 36 years old with no record--appeal from CSO
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Keywords: None
R v Perrin, 2012 NSCA 85 (CanLII), per Beveridge JA NS CA 30 days Offender was 21 years old and was serving a conditional sentence for a fraud-related offence. He broke into a cottage that was a closed for the season. He pled guilty at early opportunity. CSO he was serving was collapsed. Sentence upheld on appeal.
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Keywords: None
R v John, 2012 ONCA 114 (CanLII), per curiam ON CA 5 years imprisonment break and enter, extensive record
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Keywords: None
R v Ramsdale, 2012 ABPC 37 (CanLII), per Van de Veen J AB PC 22 mo
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Keywords: None
R v Walbourne, 2012 CanLII 26671 (NL PC), per Orr J NL PC 3 years imprisonment 3 breaks (3 years each) and 2 assaults (6 months each)
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Keywords: None
R v Frigault, 2012 NBCA 8 (CanLII), per Quigg JA NB CA 4 years imprisonment
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Keywords: None
R v Irving, 2012 ABPC 3 (CanLII), per Ogle J AB PC 5 years imprisonment 6 B&Es
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Keywords: None
2011
R v Grenfal, 2011 BCPC 357 (CanLII), per McKay J BC PC 2 years imprisonment break and enter into dwelling steals car; police chase
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Keywords: None
R v Campbell, 2011 ONCJ 593 (CanLII), per Tuck-Jackson J ON CJ 30 months imprisonment break into 2 apartments; long record
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Keywords: None
R v Davidson, 2011 NSPC 14 (CanLII), per Atwood J NS PC 3 years imprisonment (B&E x 2)
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Keywords: None
2010
R v Lywood,
2010 ABCA 140 (CanLII), [2009] AJ No 1524, per Martin JA
AB CA 6 years offender had a related record
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Keywords: None
2009
R v Stewart, 2009 NSSC 7 (CanLII), per Beveridge J NS SC 4 years imprisonment 93 prior convictions
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Keywords: None
R v Auger, 2009 ABCA 310 (CanLII), per Ritter JA AB CA 9 months after 3 months remand broke into residence and stole a laptop; guilty plea; Accused prior convictions: B&E x2; 1 x possession stolen property; 3x mischief
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Keywords: None
R v Cairns, 2009 BCCA 105 (CanLII), per Levin JA BC CA 10 months incarceration after 9 months pre-trial custody age 31; broke into residence, stole jewellery; fell asleep on couch; record of 40 prior convictions: 21 property related
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Keywords: None
R v Powers, 2009 ABCA 188 (CanLII), per Berger JA AB CA time served with 3.5 months credit Break and enter x 2; stole times in purse; developmental disability
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Keywords: None
R v Dunphy-Taylor, 2009 CanLII 21948 (NL P.C.), per Gorman J NL PC 15 months before credit unemployed and homeless 20 year old; prior B&E record; occupied house while residents away for winter.
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Keywords: None
R v Thomas, 2009 BCCA 233 (CanLII), per Groberman JA BC CA 4 years imprisonment 36 year old, long record; broke into 6 houses while residents were away; ransacked the places
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Keywords: None
R c Béchard,
2009 QCCQ 848 (CanLII), per Vauclair J
QC PC 10 months CSO 50 year old with dated record, broke into an apartment, stole tools and sold at pawn shop
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Keywords: None
R v Campeau, 2009 SKCA 3 (CanLII), per Klebuc CJ SK CA "Campeau and a co-accused, knocked on the front door of a house occupied by two individuals (Wendy and Shawn) in the middle of the night. Shawn opened the door, but upon recognizing Mr. Campeau, tried to close it. Mr. Campeau forced the door open. Shawn hid in the bathroom. Mr. Campeau and the co-accused unsuccessfully tried to kick the bathroom door open. While they were doing so, Wendy tried to call 911. As she did, Mr. Campeau grabbed her, her cell phone fell and broke. Mr. Campeau returned to kicking the bathroom door. While he was doing this, Wendy successfully called 911 on a different phone. After learning of the call, Mr. Campeau pushed Wendy onto the couch, struck her in the face, pulled her hair (ripping some out), and threatened her. Wendy suffered a fractured nose, multiple bruises, blackened eyes, bloodied face, and psychological trauma. Mr. Campeau had a prior criminal record that included prior convictions for break and enter and violence. The Court of Appeal upheld the sentence imposed of 4 years (although acknowledging it was on the low end).

In this case, the Court of Appeal stated that each case involving a home invasion must be decided on its own facts having regard to aggravating factors such as: (1) the motive for unlawfully entering the dwelling house; (2) the degree of violence inflicted on the victim(s); (3) the nature of the concomitant offences; and (4) other factors relevant to sentencing." (Quoting from R v Naytowhow, 2023 SKPC 38 (CanLII))

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Keywords: None
R v Shirley, 2009 ONCJ 266 (CanLII), per De Filippis J ON PC
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Keywords: None
R v Serre, 2009 ONCA 108 (CanLII), per curiam ON CA 4 years imprisonment broke into house to collect drug debt; carried weapon and made implicit threat
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Keywords: None
2008
R v Reader (M.), 2008 MBCA 42 (CanLII), per [[Manitoba Court of Appeal|]] MB CA 15 years imprisonment
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Keywords: None
R v Goundar, 2008 BCPC 115 (CanLII), per Kitchen J BC PC 18 month CSO entered residence and immediately ran away on seeing residents
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Keywords: None
R v TJF, 2008 BCCA 325 (CanLII), per Frankel JA BC CA 5 years imprisonment home invasion; elderly couple; violence against residents
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Keywords: None
R v Cain, 2008 NSCA 49 (CanLII), per Bateman JA NS CA 4 years imprisonment
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Keywords: None
R v Hunda, 2008 ONCA 244 (CanLII), per curiam ON CA 2.5 years imprisonment kicked door in, held knife to resident
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Keywords: None
R v P(OA), 2008 NSSC 365 (CanLII), per MacLellan J NS SC 7 years imprisonment
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Keywords: None
R v Doyle, 2008 NSSC 380 (CanLII), per Robertson J NS SC 6 years imprisonment
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Keywords: None
R v Lombardo, 2008 NSCA 96 (CanLII), per Saunders JA NS CA 18 mo for B&E related offences 8 prior related convictions
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Keywords: None
2007
R v MacKenzie, 2007 NSCA 10 (CanLII), per Bateman JA NS CA 3 years after remand time age 44; record of 32 prior convictions, property related.
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Keywords: None
R v Smith, 2007 BCPC 432 (CanLII), per Ellan J BC PC 2 years imprisonment[1]; 3 years probation broke into six residences over 23 days; 2 months remand; long standing serious drug problem; record was lengthy including 15 prior convictions for theft.
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Keywords: None
R v Abaroa-Martinez, 2007 BCSC 571 (CanLII), per Hood J BC SC 9 months imprisonment broke into the home of a friend to steal property; a dozen offences on record, mostly minor
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Keywords: None
R v Faulconer, 2007 BCCA 289 (CanLII), per Donald J BC CA A joint Sub. 2 years 44 years old; plead guilty to B&E x 3; theft; forged documents over 5 weeks; 60 prior convictions
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Keywords: None
R v MacKenzie, 2007 NSCA 10 (CanLII), per Bateman JA NS CA 3 years 32 prior convictions; broke into 2 residences; long history of drugs
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Keywords: None
R v Powis, 2007 BCCA 108 (CanLII), per Ryan JA BC CA 3 years imprisonment 6 residential and 1 commercial B&E. Was on CSO for first B&E at the time.
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Keywords: None
R v Leander Seymour, 2007 CanLII 17364 (NL P.C.), per Gorman J NL PC 15 months imprisonment 2 break ins into cabins; lengthy record; CSO request rejected
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Keywords: None
R v D(T), 2007 BCPC 304 (CanLII), per Low J BC PC 57 months imprisonment planned home invasion with firearm
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Keywords: None
R v Levandoski, 2007 SKPC 68 (CanLII), per Singer J SK PC 13 months imprisonment fight bw drug users result in offender entering home, getting punched by victim
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Keywords: None
R v Fraser, 2007 SKCA 113 (CanLII)Template:Per SK CA
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Keywords: None
R v Dhaliwal, 2007 BCSC 1936 (CanLII), per Groberman J BC SC 2 years less a day imprisonment broke into grow op house to rob residents; used taser to subdue victim
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Keywords: None
R v Snow, 2007 ONCJ 426 (CanLII), per Trotter J ON PC 3.5 years imprisonment 45 years old, 29 prior B&E; broke into house with screwdriver ran upstairs and stole jewellery
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Keywords: None
R v Martinez, 2007 NSPC 9 (CanLII), per Tufts J NS PC 54 mo less remand
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Keywords: None
R v Payne, 2007 SKCA 28 (CanLII), per Smith JA SK CA "Payne entered a house occupied by three males, believing that one of the occupants (Zane) had assaulted one of his friends. Mr. Payne had a machete and Mr. Payne struck two of the occupants with the dull side of the machete when they tried to evict him. Payne then used the machete to break down the door to the room where Zane was hiding and, in so doing, Zane was cut in an attempt to keep the door closed. Mr. Payne gained access to the room, but no further violence occurred. Payne was 21 years old at the time, had an extensive criminal record, but he had good prospects for rehabilitation. The Court noted that robbery was not the motive for the home invasion and the injuries to the victims were minor and did not require medical attention. The Court of Appeal concluded that the sentence imposed by the sentencing judge (34 months) was demonstrably unfit and the judge had erred in assuming that the bottom of the range for this kind of offence was 2 years. The Court of Appeal increased the sentence to 4 years." (Quoting from R v Naytowhow, 2023 SKPC 38 (CanLII))
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Keywords: None
2006
R v Doherty, 2006 BCPC 208 (CanLII), per Ball J BC PC 3 years 5 counts of residential B&E. stole electronics and furniture; high value of property; was serving CSO at time
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Keywords: None
R v Downey,
2006 CanLII 10206 (ON CA), , 2006 CarswellOnt 2018, per curiam
ON CA A Joint Sub. 10 months after 2 months remand 37 year old; plead guilty to B&E into dwelling; record of 37 prior convictions; 14 for Break & Enter; on probation 5 times in past
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Keywords: None
R v Gale,
2006 CanLII 9033 (NL PC), , 2006 CarswellNfld 97 (Prov. Ct.), per Gorman J
NL PC age 39; over 2 years committed 4 thefts and 1 B&E; record of 8 prior B&Es
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Keywords: None
R v Hackett, 2006 CanLII 39900 (NL PC), per Porter J NL PC "the accused, while intoxicated and under influence of cocaine, broke into his estranged mother’s home, and caused significant damage therein, including tearing the door off the refrigerator, breaking up the furniture and fixtures, and throwing food all over the place. I sentenced Hackett to twelve months in prison for the break and enter into his mother’s home."
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Keywords: None
R v McKay, 2006 BCPC 573 (CanLII), per Bennett J BC PC A Joint Sub. 2 years Guilty plea to B&E into dwelling; stolen jewellery and electronics; lengthy record with prior federal sentences
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Keywords: None
R v Vincent, 2006 BCCA 135 (CanLII), per Ryan JA BC CA 9 months after remand age 31; plead guilty to break and entering into dwelling and obstruction; 10 prior adult convictions
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Keywords: None
R v Brideau and St-Onge, 2006 NBCA 94 (CanLII), per Richard JA NB CA 6 months CSO break into house and assaulted resident due to prior conflict with resident
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Keywords: None
2005
R v Kennedy, 2005 NLTD 28 (CanLII), per Seaborn J NL SC 1 year CSO broke into window of apartment; stole $300 cash; youth record only
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Keywords: None
R v Lachance, 2005 QCCA 638 (CanLII), per Bich JA QC CA 12 months imprisonment B&E and assault; rejection of CSO
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Keywords: None
R v Lynch, 2005 CarswellOnt 3499 (Ont. SCJ)(*no CanLII links) ON SC 2 years less a day; 2 years probation convicted of B&E; Record was "abominable" with six prior break and enters
Keywords: None
R v Micallef, 2005 ABCA 311 (CanLII), per Fraser CJ AB CA 2 years imprisonment age 43; plead guilty to two counts of Break and Enter for taking electronics from two trailers; record was lengthy with 14 prior break and enters
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Keywords: None
R v Mudaliar, 2005 ABPC 333 (CanLII), per Malin J AB PC 15 months imprisonment "the accused pleaded guilty to one count of breaking and entering a dwelling house and committing theft. He stole various electronic items of a value of around $2300. He said he committed the crime because he was indebted to a drug dealer. He was 31 years old. He had an extensive criminal record of 21 prior convictions, containing ten property offences, none of which were break and enters. Judge Malin reviewed the Alberta case law and found that it was clear that denunciation and deterrence were the most important of the sentencing objectives. He found that a sentence in the range of nine to 18 months jail was appropriate for a single, unsophisticated break and enter of an unoccupied dwelling house were theft was the indictable offence committed therein and the offender was a mature adult, with an extensive record, (but not including any break and enter offences), and the offence was motivated by a need for money. The judge sentenced the accused to 15 months in jail." (Quoting from R v Jones, 2017 ABPC 69 (CanLII)), at para 29
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Keywords: None
R v Best, 2005 NSSC 199 (CanLII), per Kennedy CJ NS SC 12 years imprisonment aggravated assault with B&E; lengthy non-violent record
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Keywords: None
R v Desrochers, 2005 MBCA 115 (CanLII), per Monnin JA MB CA 15 months imprisonment 2 residential break-ins; ran away; record was lengthy with property offences; breaches
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Keywords: None
R v Pinch, 2005 NSSC 122 (CanLII), per Hall J NS SC 4 years imprisonment
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Keywords: None
2004
R v Arsenault, 2004 BCCA 401 (CanLII), per Finch CJ BC CA 2 years less a day CSO accused 50 years old, lengthy record; 2 break ins
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Keywords: None
R v Lawson, 2004 CanLII 8990 (ON CA), per curiam ON CA 3 years imprisonment 3 x B&Es; long prior record; joint recommendation
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Keywords: None
R v Mallory, 2004 NBCA 72 (CanLII), per Ryan JA NB CA 30 months imprisonment recruited son and girlfriend's son to help break into the residence of recently deceased lady. Stole jewellery. Some prior record.
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Keywords: None
R v Pakoo, 2004 MBCA 157 (CanLII), per Freedman JA MB CA 5 years imprisonment
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Keywords: None
R v Sharphead, 2004 ABCA 338 (CanLII), per Hunt JA AB CA 3 years imprisonment broke into victim's home; committed aggravated assault with knife; no prior record
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Keywords: None
R v MacKenzie, 2004 NSCA 68 (CanLII), per Saunder JA NS CA 2 years imprisonment 28 convictions on record; 10 for property offences
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Keywords: None
R v Johnson, 2004 ABCA 308 (CanLII), per Romaine JA AB CA 2.5 years imprisonment break in residence while intoxicated, in bedroom of victim; woke her up, put hand on throat causing bruises
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Keywords: None
2003
R v Leggo, 2003 BCCA 392 (CanLII), per Saunders JA BC CA 9 years, 10 months The accused and co-accused broke into victim's home with a bat and imitation firearm. The victim was tied up and personal property was stolen. The accused was 32 years old and had a lengthy prior record.
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Keywords: None
2002
R v Bomba, 2002 BCCA 17 (CanLII), per Hubbart JA BC CA 2 years less a day imprisonment
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Keywords: None
R v Harvey, 2002 SKCA 20 (CanLII), per Jackson JA SK CA 1 year imprisonment 21 year old accused; 4 prior B&E; planned with friend to break into houses of friends who were away.
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Keywords: None || {{{5}}}
R v Power, 2002 CanLII 18133 (NL PC), per Gorman J NL PC
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Keywords: None
R v DAW, 2002 BCCA 336 (CanLII), per Hall JA BC CA 10 years imprisonment Offender convicted of break and enter and robbery. Offender and partner broke into elderly persons home and threatened with knife. There was a fight and partner sexually assaulted the female while offender restrained male victim.
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Keywords: None
R v Kelly, 2002 BCCA 190 (CanLII), per Hall JA BC CA 4 years imprisonment Offender was convicted of break and enter, sexual assault, and unlawful confinement. He was 22 years old, aboriginal and had no prior record.
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Keywords: None
R v Parlee, 2002 NBCA 21 (CanLII), per curiam NB CA 2 years less a day knocked on door; resident called police; arrested with drill
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Keywords: None
2001
R v Renouf, 2001 NFCA 56 (CanLII), per Wells CJ NL CA 16 to 36 months 4 breaks into commercial buildings--offender had significant record. "the offender entered pleas of guilty to four break and entries of commercial enterprises. The Court of Appeal increased the sentence imposed from one to 16 months from one of 16 months to 36 months. Mr. Renouf had a significant criminal record."
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Keywords: None
R v Wakeham, 2001 CanLII 37595 (NLSCTD), per O'Regan J NL SC 45 months imprisonment "the Accused was sentenced for a period of 45 months for break and entry. Mr. Wakeham's offence involved what is commonly referred as a "safe attack" although that's not the case here. But the Court felt that deterrence and protection of the public for the primary principles to be applied in that case."
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Keywords: None
R v Bush, 2001 SKCA 15 (CanLII), per Lane JA SK CA 2 years imprisonment 38 year old with 49 prior convictions; 3 residential breaks in one month
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Keywords: None
R v Sayer, 2001 SKCA 73 (CanLII), per Jackson JA SK CA 2 years after 4 mo remand 39 B&E, 6 of them were residential the rest were garages
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Keywords: None
1999
R v Adams, 1999 CanLII 9418 (NB QB), per Rideout J NB SC 2, 9 and 18 months CSO
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Keywords: None
R v Jackson, 1999 CanLII 12227 (SK CA), per Vancise JA SK CA 6 mo CSO
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Keywords: None
1997
R v Colbourne, (1997), 148 Nfld. & P.E.I.R. 287 (P.C.)(*no CanLII links) PEI PC
Keywords: None
1996
R v Byers, 1996 CanLII 3717 (PEICA), per Carruthers CJ CA 15 months imprisonment
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1994
R v Arsenault, 1994 CanLII 8799 (PEICA), per curiam CA 12 months imprisonment 19 year old with limited record, drug abuse, 12 B&E over one day
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R v Kelly, (1994), 117 Nfld. & PEIR 256(*no CanLII links) 31 months imprisonment 4 breaks and 2 breaches--offender was 19 years old with a lengthy record
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1993
R v Desjarlais, , [1993] AJ No 891(*no CanLII links) AB "the Alberta Court of Appeal upheld a sentence of one year in jail for breaking into a dwelling house while the accused was on probation. He was intoxicated at the time of the offence. The Court noted that the offender wanted to better himself and turn his life around but could see no error in the sentence imposed by the trial judge." (Quoting from R v Jones, 2017 ABPC 69 (CanLII)), at para 28
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R v Laidlaw, 1993 ABCA 125 (CanLII), per McDonald J AB CA 12 months imprisonment "involved an attempted break-in at night of a private residence. At the time of the attempted break-in a young girl was at home and was frightened. Laidlaw had a prior record for break and enter. On appeal his sentence was reduced from two years less one day to twelve months."
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R v Purdy,
1993 CanLII 3123 (NS CA), (1993), 21 WCB (2d) 616 (NSCA), per Jones JA
NS CA 2 year Suspended Sentence, 2 years probation Multiple offenders broke into a residence and assaulted the occupant in the presence of his children. The offenders were intoxicated at the time.
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1992
R v Moyles, [1992] NJ No 254 (CA)(*no CanLII links) NL CA 18 months imprisonment 2 breaks into businesses--offender was 20 years old and had a prior record for break and enter
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R v Manning; R v Paquette, , [1992] AJ No 259(*no CanLII links) AB CA "the Alberta Court of Appeal imposed a sentence of two years less a day in jail on two youthful offenders who broke into a rural dwelling house and stole property valued at about $17,000. Manning, age 23, had eleven prior convictions and Paquette, age 20, had ten and at the time of the offence both of them were on some form of pre-release." (Quoting from R v Jones, 2017 ABPC 69 (CanLII)), at para 27
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1991
R v Howard, 1991 CanLII 2648 (NB Q.B.), per Riordon J NB SC 18 months imprisonment enters house through basement window; flees, long criminal record
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R v Powers,
1991 CanLII 6838 (NL CA), Nfld. & PEIR 1 (CA), per Gushue JA
NL CA 2 years 2 offenders did 3 breaks (a club, business and church) --offenders had prior records--low value of property stolen--"higher end" sentences. "the Court of Appeal upheld a sentence of two years imprisonment imposed on two offenders for three break and entries (into a club, a business and a church). Both had previous convictions. The Court described the sentence as being at the higher end of the range for the offences committed. The break-ins were not in respect to a dwelling house and not a great deal of money was appropriated."
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R v Keans, 1991 CanLII 2486 (NS CA), per Jones JA NS CA 5 years imprisonment break into residence and six cottages
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R v Hillier, [1991] NJ No 53 (CA)(*no CanLII links) NL CA 3 years imprisonment 2 breaks into a take-out--offender was 24 years old with a lengthy record
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R v Merenick, 1991 ABCA 270 (CanLII), per Stratton J AB CA "a 22 year old offender pleaded guilty to breaking into ten dwelling houses. He stated that he had acted out of desperation because he had no job and no prospects. He was very cooperative with the police and enabled them to solve a number of crimes. He had a related criminal record but had a good work history and a strong likelihood of rehabilitation. The Alberta Court of Appeal overturned a sentence of two years less a day and substituted a sentence of one year's jail and probation, concurrent, for each of ten counts of break and enter" (Quoting from R v Jones, 2017 ABPC 69 (CanLII)), at para 26
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1990
R v Weaver, 1990 CanLII 2355 (NS CA), per Macdonald JA NS CA 12 months imprisonment 3 break and enters; commercial
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R v Burry, [1990] NJ No 93 (CA)(*no CanLII links) NL CA 14 months imprisonment break into inn and stole property worth $500--offender had prior record for arson--called sentence "high end", "the Court of Appeal upheld a period of 14 months imprisonment imposed upon the offender by the trial judge. The offender had committed a break and entry into an inn and stole $500 in goods. He had a prior conviction for arson. The Court of Appeal described the sentences at the high end of the range for this type of offence."
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1988
R v Tubrett, [1988] NJ No 337 (CA)(*no CanLII links) NL CA 30 months imprisonment break into residence, stole money, defecated on chair--offender had extensive record
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R v Piercey,
1988 CanLII 4434 (NL CA), [1987] NJ No 12 (CA), per Morgan JA
NL CA 9 months imprisonment broke into a cabin and stole liqour and steaks--offender had lengthy record--not considered serious
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1986
R v Zong,
1986 CanLII 6903 (NS CA), 72 NSR (2d) 432, per Clarke CJ
NS CA
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1985
R v Butler, [1985] NJ No 40 (CA)(*no CanLII links) NL CA 12 months imprisonment overturned 90 day sentence--offender broke into residence and stole property and money of value of $25,000--offender was 39 years old with no record
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R v White, [1985] NJ No 66 (CA)(*no CanLII links) NL CA 22 months imprisonment 2 breaks into residences, also convicted of escape and possession--offender was 18 years old with prior record--
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1984
R v Smith, [1984] NJ No 42 (CA)(*no CanLII links) NL CA 6 months imprisonment also sentenced for theft (6 months consecutive) "Court of Appeal sentenced an accused to six months imprisonment for break and entry into a residence and six months concurrent for the offence of theft. In that case, the offender was 19 years of age and was described as having "a rather lengthy criminal record consisting of at least property related offences." The Court of Appeal varied the sentence imposed to consecutive periods of imprisonment. It would have been a total of 12 months imprisonment."
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1983
R v Newell and Poteri,
1983 CanLII 5097 (NS CA), 60 NSR (2d) 33 (NSCA), per Hart JA
NS CA Suspended Sentence The offender broke into 5 uninhabited cottages. He was 20 years old with no prior record.
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1980
R v Hynes, , [1980] N.J. No. 38(*no CanLII links) NL CA Template:FinSummaries2
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R v Palmer,
1976 CanLII 2503 (NS CA), 17 NSR (2d) 236, per MacKeigan JA
NS Suspended Sentence, 12 months probation The offender broke into 4 summer cottages. Offender had not prior record.
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R v Morrisseau, 2017 SKQB 76 (CanLII), per Dawson J SK SC 5 years imprisonment (B&E)
90 days (flight)
1 year (firearm)
1 year (intimidation)
"In this case, Mr. Morrisseau pled guilty to a number of serious charges, including breaking and entering into a dwelling house to commit robbery (home invasion), using a firearm in the commission of robbery, and leaving the scene of an accident; all from the same day; together with intimidation of a justice system participant. As for the home invasion, the two victims were at home, asleep, when they heard a knock on the door. Mr. Morrisseau drove two co-accused to the home of the victims and waited outside to drive them away. The assailants were dressed as city workers and fraudulently gained access to the victims’ house (demonstrating premeditation and planning). Once inside the house, the assailants pulled a gun, threatened the victims, and tied them up with duct tape and cord. During the process, both victims were repeatedly threatened. The assailants took the victims’ wallets and obtained the PIN numbers for their bank cards. The victims escaped the house, ran to a neighbour's house, and called 911. While Mr. Morrisseau's DNA was on the roll of duct tape, the Crown could not prove that he was one of the two assailants that entered the house. After leaving the scene, Mr. Morrisseau drove to a bank. Sometime thereafter, the vehicle Mr. Morrisseau was driving was involved in an accident. He fled the scene. When he drove home a few hours later, police were at his home. A passenger in the vehicle had a firearm, and police found "city worker clothing" in the vehicle.

As for the charge of intimidation of a witness, Mr. Morrisseau made several phone calls to the victims and asked his mother to write notes and deliver those notes to the victims; all to discourage the victims from testifying. The whole experience was traumatizing for the victims

Mr. Morrisseau was 27 years old, had significant Gladue factors, and a criminal record that included 3 prior convictions for robbery (2 as a youth). Mr. Morrisseau's last conviction for robbery was 4 ½ years prior to this incident. He received a sentence of 30 months in custody for his previous robbery. For the index offences, Mr. Morrisseau was sentenced to 5 years in custody, 1 year for leaving the scene of the accident, and 1 year in custody for threatening a witness. His total global sentence was 7 years in custody."(Quoting from R v Naytowhow, 2023 SKPC 38 (CanLII))
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R v Noname, 2017 SKCA 21 (CanLII), per Richards CJ SK CA 5.5 years imprisonment The offender was convicted at trial of aggravated assault, assault with a weapon x 2, break and entering to commit robbery.
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R v Rowlands, 2015 CanLII 29313 (NLSCTD), per Handrigan J NL SC 12 months + Probation Offender enters residence and attempts to sexually assault a sleeping occupant, kissing her and trying to hug her.
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R v Roul, 2014 CanLII 2887 (NL PC, per Porter J NL PC 1 year (B&E)
30 days imprisonment (Breach)

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R v Piche, 2014 ABPC 93 (CanLII), per Rosborough J AB PC 9 years imprisonment (global) Offender convicted of aggravated assault x 2 while breaking into home.
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R v Deforest, 2014 SKCA 43 (CanLII), per Witmore JA SK CA 3 years imprisonment offender breaks into home of partner and strangles her.
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R v Viscount, 2014 BCPC 83 (CanLII), per Wingham J BC PC 6 to 7 years broke into victim's apartment to rob him using an imitation firearm and while masked. Assaulted victim in the process.
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R v Mergle-Houle, 2014 ABQB 244 (CanLII), per Romaine J AB SC 7.5 years (global) charged with break and enter and robbery. Offender broke into home with loaded firearm while residents were present to confront one of them discharging the firearm outside home. Later he robbed a bar with the firearm and discharged it again.
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R v Klemenz, 2014 SKQB 60 (CanLII), per Dawson J SK SC 12 years imprisonment aggravated sexual assault. Two offenders. Both had lengthy records.
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R v Hill, 2013 ONCJ 159 (CanLII), per Baldwin J ON PC B&E (8 years)
Robbery (8 years)

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R v Abraham, 2012 MBPC 77 (CanLII), per Heinrichs J MB PC 3.25 years Also sentenced for aggravated assault and breaches. The offender and co-accused broke into house to rob it while residents were asleep. Confrontation resulted in co-accused using bearspray on residents and offender pushing one down the stairs. Offender was in 30s with a aboriginal background.
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R v Goodwin, 2012 BCPC 439 (CanLII), per O'Byrne J BC PC 3 years imprisonment Offender had 16 prior break convictions, last being 3 years. Described as "career criminal". He had 13 months remand time, it was not credited to 3 year sentence.
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R v Fraser, 2012 NSCA 118 (CanLII), per Hamilton JA NS CA 3 years imprisonment offender on CSO to stay away from complainant at the time that he breaks into her house, argues with her and smashes property, is chased out of house. Almost but not quite home invasion.
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R v Wahobin, 2012 SKPC 95 (CanLII), per O'Hanlon J SK PC 3.5 years imprisonment broke into apartment, committed assault causing bodily harm
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R v Walbourne,
2012 CanLII 26671 (NL PC), [2012] NJ No 171, per Orr J
NL PC 48 months imprisonment broke into three private residences, committed assault and mischief
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R v Rao and MacFadden,, 2012 BCSC 929 (CanLII), per Humphries J BC SC 12 years imprisonment also convicted of sexual assault and robbery
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Qaqasiq v R.,
2012 NUCA 3 (CanLII), per Hunt JA
CA 3 years imprisonment broke into home of victim and two children while armed with a rifle--lengthy record
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R v Desnomie, 2012 SKCA 11 (CanLII), per Cameron J SK CA
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R v Gladue, 2011 ABCA 378 (CanLII), per O’Ferrall J AB CA 7 years imprisonment home invasion sexual assault
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R v LLG, 2011 MBQB 269 (CanLII), per Perlmutter J MB SC 10 years imprisonment home invasion and sexual assault; chlidren were present
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R v Omilgoituk, 2011 NLCA 77 (CanLII), per Hoegg JA NL CA 33 months imprisonment kicked down door of residence and threatened to kill victim
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R v CWS, 2011 ABPC 60 (CanLII), per Semenuk J AB PC "the accused person entered the basement suite occupied by his estranged wife by prying open a window. On entering the bedroom, he found his wife and her new boyfriend asleep. On being awakened, his wife fled to the bathroom and called the police. The accused person struck the boyfriend in the face with a plastic ornament, causing bodily harm. The accused person pled guilty to charges of assault with a weapon and breaking and entering a dwelling-house with intent to commit an indictable offence. At the time of his sentence the accused person was 34 years old, he had been gainfully employed, did not suffer from any major mental illness, and was not addicted to alcohol or drugs. He had no criminal record. At the time of the offence, the accused person was suffering from depression and had suicidal ideations. The pre-sentence report indicated that the accused person would be a suitable candidate for community supervision. As a result, Semenuk PCJ sentenced the accused person to 4 months' imprisonment followed by probation for one year." (Quoting from R v Smith-Lowe, 2018 ABQB 896 (CanLII)), at para 58
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R v GJ, 2011 SKCA 133 (CanLII), per Ottenbreit J SK CA
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R v Keepness, 2010 SKCA 69 (CanLII), per Jackson J SK CA
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R v Lemaigre, 2010 SKCA 158 (CanLII), per Smith JA SK CA
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R v Bellegarde, 2010 SKCA 15 (CanLII), per Richards JA SK CA
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  1. after 2 months remand