Break and Enter (Sentencing Cases)

From Criminal Law Notebook
Jump to: navigation, search

Break and Enter

Private Dwelling

Case Name Sentence Summary
R v Jones,
2017 ABPC 69 (CanLII)
2 months (theft)
18 months (B&E)
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.
R v Herrington,
2017 ABCA 61 (CanLII)
15 months The offender pleaded guilty B&E, poss'n of B&E instruments, and breach of probation.
R v Green,
2015 CanLII 77573 (NL SCTD)
12 months
R v Martyn,
2014 ABCA 151 (CanLII)
5 years offender charged with 5 B&Es and other charges. $53k worth of lost property. Offender was cooperative. He had a long criminal record.
R v Legault,
2013 BCPC 155 (CanLII)
5 years Guilty plea for two residential breaks. 33 prior convictions for B&E.
R v Webb,
2013 ABCA 136 (CanLII)
3 years offender was a "professional" burglar
R v McAuley,
2012 CanLII 65027 (NL PC)
R v Duerksen,
2012 MBCA 41 (CanLII)
4 years 96 breaks over 21 years--offender was 36 years old with no record--appeal from CSO
R v Perrin,
2012 NSCA 85 (CanLII)
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.
R v John,
2012 ONCA 114 (CanLII)
5 years break and enter, extensive record
R v Ramsdale,
2012 ABPC 37 (CanLII)
22 mo
R v Walbourne,
2012 CanLII 26671 (NL PC)
3 years 3 breaks (3 years each) and 2 assaults (6 months each)
R v Frigault,
2012 NBCA 8 (CanLII)
4 years
R v Irving,
2012 ABPC 3 (CanLII)
5 years 6 B&Es
R v Grenfal,
2011 BCPC 357 (CanLII)
2 years break and enter into dwelling steals car; police chase
R v Campbell,
2011 ONCJ 593 (CanLII)
30 months break into 2 apartments; long record
R v Davidson,
2011 NSPC 14 (CanLII)
3 years for 2 B&E
R v Lywood,
2010 ABCA 140 (CanLII), [2009] A.J. No. 1524
6 years offender had a related record
R v Stewart,
2009 NSSC 7 (CanLII)
4 years 93 prior convictions
R v Auger,
2009 ABCA 310 (CanLII)
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
R v Cairns,
2009 BCCA 105 (CanLII)
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
R v Powers,
2009 ABCA 188 (CanLII)
time served with 3.5 months credit Break and enter x 2; stole times in purse; developmental disability
R v Dunphy-Taylor,
2009 CanLII 21948 (NL P.C.)
15 months before credit unemployed and homeless 20 year old; prior B&E record; occupied house while residents away for winter.
R v Thomas,
2009 BCCA 233 (CanLII)
4 years 36 year old, long record; broke into 6 houses while residents were away; ransacked the places
R c Béchard,
2009 QCCQ 848 (CanLII)
10 months CSO 50 year old with dated record, broke into apartment, stole tools and sold at pawn shop
R v MacKenzie,
2007 NSCA 10 (CanLII)
3 years after remand time age 44; record of 32 prior convictions, property related.
R v Smith,
2007 BCPC 432 (CanLII)
2 years after 2 months remand; 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.
R v Abaroa-Martinez,
2007 BCSC 571 (CanLII)
9 months broke into home of friend to steal property; a dozen offences on record, mostly minor
R v Faulconer,
2007 BCCA 289 (CanLII)
Joint Sub. 2 years 44 years old; plead guilty to B&E x 3; theft; forged documents over 5 weeks; 60 prior convictions
R v MacKenzie,
2007 NSCA 10 (CanLII)
3 years 32 prior convictions; broke into 2 residences; long history of drugs
R v Powis,
2007 BCCA 108 (CanLII)
3 years 6 residential and 1 commercial B&E. Was on CSO for first B&E at the time.
R v Leander Seymour,
2007 CanLII 17364 (NL P.C.)
15 months 2 break ins into cabins; lengthy record; CSO request rejected
R v Doherty,
2006 BCPC 208 (CanLII)
3 years 5 counts of residential B&E. stole electronics and furniture; high value of property; was serving CSO at time
R v Downey,
2006 CanLII 10206 (ON CA), 2006 CarswellOnt 2018, 2006 CanLII 10206
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
R v Gale,
2006 CanLII 9033 (NL PC), 2006 CarswellNfld 97 (Prov. Ct.)
age 39; over 2 years committed 4 thefts and 1 B&E; record of 8 prior B&Es
R v McKay,
2006 BCPC 573 (CanLII)
Joint Sub. 2 years Guilty plea to B&E into dwelling; stolen jewellery and electronics; lengthy record with prior federal sentences
R v Vincent,
2006 BCCA 135 (CanLII)
9 months after remand age 31; plead guilty to break and entering into dwelling and obstruction; 10 prior adult convictions
R v Brideau and St-Onge,
2006 NBCA 94 (CanLII)
6 months CSO break into house and assaulted resident due to prior conflict with resident
R v Kennedy,
2005 NLTD 28 (CanLII)
1 year conditional broke into window of apartment; stole $300 cash; youth record only
R v Lachance,
2005 QCCA 638 (CanLII)
12 months B&E and assault; rejection of CSO
R v Lynch,
2005 CarswellOnt 3499 (Ont. SCJ)
2 years less a day; 2 years probation convicted of B&E; Record was "abominable" with six prior break and enters
R v Micallef,
2005 ABCA 311 (CanLII)
2 years 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
R v Arsenault,
2004 BCCA 401 (CanLII)
2 years less a day CSO accused 50 years old, lengthy record; 2 break ins
R v Lawson,
2004 CanLII 8990 (ON C.A.)
3 years 3 x B&Es; long prior record; joint recommendation
R v Mallory,
2004 NBCA 72 (CanLII)
30 months recruited son and girlfriend's son to help break into residence of recently deceased lady. Stole jewellery. Some prior record.
R v Bomba,
2002 BCCA 17 (CanLII)
2 years less a day
R v Harvey,
2002 SKCA 20 (CanLII)
1 year 21 year old accused; 4 prior B&E; planned with friend to break into houses of friends who were away.
R v Renouf,
2001 NFCA 56 (CanLII)
16 to 36 months 4 breaks into commercial buildings--offender had significant record
R v Wakeham,
2001 CanLII 37595 (NL SCTD)
45 months
R v Bush,
2001 SKCA 15 (CanLII)
2 years 38 year old with 49 prior convictions; 3 residential breaks in one month
R v Sayer,
2001 SKCA 73 (CanLII)
2 years after 4 mo remand 39 B&E, 6 of them were residential the rest were garages
R v Adams,
1999 CanLII 9418
2, 9 and 18 months CSO
R v Jackson,
1999 CanLII 12227
6 mo CSO
R v Byers,
1996 CanLII 3717
15 months
R v Arsenault,
1994 CanLII 8799
12 months 19 year old with limited record, drug abuse, 12 B&E over one day
R v Kelly,
(1994), 117 Nfld. & P.E.I.R. 256
31 months 4 breaks and 2 breaches--offender was 19 years old with a lengthy record
R v Moyles,
[1992] N.J. No. 254 (CA)
18 months 2 breaks into businesses--offender was 20 years old and had a prior record for break and enter
R v Powers,
(1991), 96 Nfld. & P.E.I.R. 1 (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
R v Keans,
1991 CanLII 2486
5 years break into residence and six cottages
R v Hillier,
[1991] N.J. No. 53 (CA)
3 years 2 breaks into a take-out--offender was 24 years old with a lengthy record
R v Weaver,
1990 CanLII 2355
12 mo 3 break and enters; commercial
R v Burry,
[1990] N.J. No. 93 (CA)
14 months break into inn and stole property worth $500--offender had prior record for arson--called sentence "high end"
R v Tubrett,
[1988] N.J. No. 337 (CA)
30 months break into residence, stole money, defecated on chair--offender had extensive record
R v Piercey,
[1987] N.J. No. 12 (CA)
9 months broke into a cabin and stole liqour and steaks--offender had lengthy record--not considered serious
R v Zong,
1986 72 N.S.R. (2d) 432
R v Butler,
[1985] N.J. No. 40 (CA)
12 months 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
R v White,
[1985] N.J. No. 66 (CA)
22 months 2 breaks into residences, also convicted of escape and possession--offender was 18 years old with prior record--
R v Smith,
[1984] N.J. No. 42 (CA)
6 months also sentenced for theft (6 months consecutive)--offender was 19 years old with rather lengthy criminal record
R v Newell and Poteri
(1983), 60 NSR (2d) 33 (NSCA)
suspended sentence The offender broke into 5 uninhabited cottages. He was 20 years old with no prior record.
R v Palmer,
(1976), 17 N.S.R. (2d) 236
12 month suspended sentence The offender broke into 4 summer cottages. Offender had not prior record.

Private Dwelling - Resident Present or Home Invasion

Case Name Sentence Summary
R v Dragani,
2018 BCCA 225 (CanLII)
90 days The offender was convicted of break & enter. He had no prior record. The Court of Appeal upheld the sentencing Judge's sentence
R v Morrisseau,
2017 SKQB 76 (CanLII)
5 years (B&E)
90 days (flight)
1 year (firearm)
1 year (intimidation)
The offender plead guilty to break and enter, flight from police, possession and use of a firearm, and intimidate justice participant.
R v Noname,
2017 SKCA 21 (CanLII)
5.5 years The offender was convicted at trial of aggravated assault, assault with a weapon x 2, break and entering to commit robbery.
R v Rowlands,
2015 CanLII 29313 (NL SCTD)
12 months + Probation Offender enters residence and attempts to sexually assault a sleeping occupant, kissing her and trying to hug her.
R v Roul,
2014 CanLII 2887 (NL PC)
1 year (B&E)
30 days (Breach)
R v Piche,
2014 ABPC 93 (CanLII),
9 years (global) Offender convicted of aggravated assault x 2 while breaking into home.
R v Deforest,
2014 SKCA 43 (CanLII),
3 years offender breaks into home of partner and strangles her.
R v Viscount,
2014 BCPC 83 (CanLII),
6 to 7 years broke into victim's apartment to rob him using an imitation firearm and while masked. Assaulted victim in the process.
R v Mergle-Houle,
2014 ABQB 244 (CanLII),
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.
R v Klemenz,
2014 SKQB 60 (CanLII)
12 years aggravated sexual assault. Two offenders. Both had lengthy records.
R v Hill,
2013 ONCJ 159 (CanLII)
B&E (8 years)
Robbery (8 years)
R v Abraham,
2012 MBPC 77 (CanLII)
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.
R v Goodwin,
2012 BCPC 439 (CanLII)
3 years 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.
R v Fraser,
2012 NSCA 118 (CanLII)
3 years 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.
R v Wahobin,
2012 SKPC 95 (CanLII)
3.5 years broke into apartment, committed assault causing bodily harm
R v Walbourne,
[2012] N.J. No. 171, 2012 CanLII 26671 (NL PC)
48 months broke into three private residences, committed assault and mischief
R v Rao and MacFadden,
2012 BCSC 929 (CanLII)
12 years also convicted of sexual assault and robbery
Qaqasiq v R.,
2012 NUCA 3 (CanLII)
3 years broke into home of victim and two children while armed with a rifle--lengthy record
R v Gladue,
2011 ABCA 378 (CanLII)
7 years home invasion sexual assault
R v L.L.G.,
2011 MBQB 269 (CanLII)
10 years home invasion and sexual assault; chlidren were present
R v Omilgoituk,
2011 NLCA 77 (CanLII)
33 months kicked down door of residence and threatened to kill victim
R v Shirley,
2009 ONCJ 266 (CanLII)
R v Serre,
2009 ONCA 108 (CanLII)
4 years broke into house to collect drug debt; carried weapon and made implicit threat
R v Reader (M.),
2008 MBCA 42 (CanLII)
15 years
R v Goundar,
2008 BCPC 115 (CanLII)
18 month CSO entered residence and immediately ran away on seeing residents
R v T.J.F.,
2008 BCCA 325 (CanLII)
5 years home invasion; elderly couple; violence against residents
R v Cain,
2008 NSCA 49 (CanLII)
4 years
R v Hunda,
2008 ONCA 244 (CanLII)
2.5 years kicked door in, held knife to resident
R v P(OA),
NSSC 365 (CanLII)
7 years
R v Doyle,
2008 NSSC 380 (CanLII)
6 years
R v Lombardo,
2008 NSCA 96 (CanLII)
18 mo for B&E related offences 8 prior related convictions
R v D(T),
2007 BCPC 304 (CanLII)
57 months planned home invasion with firearm
R v Levandoski,
2007 SKPC 68 (CanLII)
13 months fight bw drug users result in offender entering home, getting punched by victim
R v Dhaliwal,
2007 BCSC 1936 (CanLII)
2 years less a day broke into grow op house to rob residents; used taser to subdue victim
R v Snow,
2007 ONCJ 426 (CanLII)
3.5 years 45 years old, 29 prior B&E; broke into house with screwdriver ran upstairs and stole jewellery
R v Martinez,
2007 NSPC 9 (CanLII)
54 mo less remand
R v Wright,
2006 CanLII 40975 (ONCA)
8 years
R v Turtle,
2006 MBCA 148 (CanLII)
42 months residence present; no violence used
R v Vincent,
2006 BCCA 135 (CanLII)
9 months followed victim into condo suite; pretended to be police; ran away when asked for search warrant
R v Carvalho,
2006 CanLII 12959 (ON C.A.)
5 years break into residence at night while owner sleeping; then broke into back shed; very long record
R v Best,
2005 NSSC 199 (CanLII)
12 years aggravated assault with B&E; lengthy non-violent record
R v Desrochers,
2005 MBCA 115 (CanLII)
15 months 2 residential break-ins; ran away; record was lengthy with property offences; breaches
R v Pinch,
2005 NSSC 122 (CanLII)
4 years
R v Pakoo,
2004 MBCA 157 (CanLII)
5 years
R v Sharphead,
2004 ABCA 338 (CanLII)
3 years broke into victim's home; committed aggravated assault with knife; no prior record
R v MacKenzie,
2004 NSCA 68 (CanLII)
2 years 28 convictions on record; 10 for property offences
R v Johnson,
2004 ABCA 308 (CanLII)
2.5 years break in residence while intoxicated, in bedroom of victim; woke her up, put hand on throat causing bruises
R v Leggo,
2003 BCCA 392 (CanLII)
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.
R v D.A.W.,
2002 BCCA 336 (CanLII)
10 years 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.
R v Kelly,
2002 BCCA 1990
4 years Offender was convicted of break and enter, sexual assault, and unlawful confinement. He was 22 years old, aboriginal and had no prior record.
R v Parlee,
2002 NBCA 21 (CanLII)
2 years less a day knocked on door; resident called police; arrested with drill
R v Purdy (1993), 21 WCB (2d) 616 (NSCA) 2 year suspended sentence Multiple offenders broke into a residence and assaulted the occupant in the presence of his children. The offenders were intoxicated at the time.
R v Howard,
1991 CanLII 2648 (NB Q.B.)
18 months enters house through basement window; flees, long criminal record

Other than dwelling

Case Name Sentence Summary
R v Lundrigan,
2012 NLCA 43 (CanLII)
3 months Break into store stealing 3 bags of chips and break into law office for cash box--no record
R v Desnomie,
2012 SKCA 11 (CanLII)
47 months B&E into pharmacy, used violence against occupants
R v O’Neil,
2011 CanLII 75711 (NL PC)
12 mo CSO break into hotel bar stole approx. 4,000$
R v Saunders,
2011 CanLII 61825 (NL PC)
5 months 3 buildings; prior record
R v Mason,
2011 MBPC 48 (CanLII)
18 mo CSO guilty plea; youthful; prior record
R v Fitzpatrick,
2010 CanLII 43847 (NL P.C.)
9 months B&E into convenience store; was youthful, no adult record, was drunk at time.
R v Adams,
2010 NSCA 42 (CanLII)
3 years x 2 break into Self-Storage unit
R v Jeffrey,
2009 BCSC 1076 (CanLII)
2 years 2 x B&E into commericla property; some dated prior record
R v Richards,
2008 ABPC 35 (CanLII)
2 years less a day CSO B&E into commercial establishments all on same day; long record
R v McAllister,
2008 NSCA 103 (CanLII)
3 years very long record for B&E; broke into courthouse and stole money
R v Korte,
2008 ABCA 286 (CanLII)
16 months broke into grocery store, stole thousands of dollars in goods; lengthy record
R v Matychuk,
2008 SKCA 32 (CanLII)
13 months 3 commercial buildings; 68 prior convictions; history of drug use; CSO overturned
R v Bruce,
2008 MBPC 8 (CanLII)
66 months 25 year old, no prior record; mastermind behind 17 commercial break and enters
R v Cousins,
2007 SKCA 86 (CanLII)
1 year while on CSO, broke into auto body shop, stole 2 cars
R v Hogg,
2007 ABPC 287 (CanLII)
6 months used job in security to get access into businesses; steal computers
R v Desjardins,
2007 ONCA 345 (CanLII)
3 years broke into store; stole float; 50 prior convictions; got 14 year old daughter to help
R v Durham,
2006 BCPC 382 (CanLII)
6 mo CSO broke into carport and residential shed; long record back to 1973
R v Lywood,
2006 ABCA 107 (CanLII)
8.3 mo after remand (Joint Sub.) 25 prior B&E; 18 mo prior to remand
R v Knife,
2006 ABPC 205 (CanLII)
time served (3.5 mo credit) broke into office; took keys, change and cigars; long record
R v Dieter,
2007 ABCA 152 (CanLII)
3 years prior record; break into hair salon; was on parole from previous offence at time
R v Prasad,
2006 ABCA 288 (CanLII)
18 months stole cash box at store and a car
R v Allison,
2005 MBCA 141 (CanLII)
9 months break into store; theft over 5,000
R v Penney,
2005 NLCA 31 (CanLII)
2 years break into pharmacy; stole 10,000 of property.
R v Ladouceur,
2005 ABCA 408 (CanLII)
10 months break into commercial residence; steals pants; intoxicated at time
R v Musqua,
2004 SKCA 108 (CanLII)
18 months broke into garage; got into fight with residents
R v Mitzel,
2002 BCCA 333 (CanLII)
6 months T.V. and video store; long prior record
R v Buggins,
2002 ABQB 90 (CanLII)
77 week CSO
R v Parlee,
2002 NBCA 21 (CanLII)
2 years less a day broke into garage (6 months)
R v Sayer,
2001 SKCA 73 (CanLII)
2 years 39 garages
R v G.E.R.,
2001 NFCA 56 (CanLII)
3 years 4 B&E into commercial premises
R v Zahorejko,
2000 BCCA 259 (CanLII)
9 mo break into a garage
R v Beney,
1998 CanLII 12194 (NB C.A.)
10 months garage
R v Antoine,
(1998), 126 Man.R.(2d) 317 (CA)
3 months garage; first time offender
R v Beney,
[1998] N.B.R.(2d) (Supp.) No. 14 (CA) 1998 CanLII 2194
10 months garage was 5 months
R v Jackson,
1997 CanLII 4589 (PE S.C.A.D.)
3 months CSO youthful offender, prior youth record, significant damage to property
R v Badger,
1996 CanLII 4935 (SKCA)
6 months broke into garage
R v McKay,
1993 CanLII 3242 (NS C.A.)
2 years grocery store, taken $960+ in items
R v Schrader,
1991 CanLII 2592 (NS CA), (1991), 104 N.S.R. (2d) 91 (C.A.)
Suspended Offender was 20 years old with a long youth and adult record, including break and enter. Good potential for rehabilitation.
R v Bursey,
1991 CanLII 2576 (NS CA), (1991), 104 N.S.R. (2d) 94 (C.A.)
Suspended Offender was 20 years old with prior convictions, including theft, breach of probation and break and enter. Impressive rehabilitation efforts
R v Duncan,
1990 CanLII 2258 (BC CA)
6 months (B&E #1)
10 months (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.
R v Weaver,
1990 CanLII 2355 (NS C.A.)
12 months four counts B&E, including shed and arenas.
R v Armbruster,
[1985] N.J. No. 88 (NLCA)
5 years 5 B&Es in schools, 1 B&E in gas bar. Lengthy record
R v Rudderham,
1983 CarswellNS 502 (NSCA)
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.