View source for Break and Enter, Private Dwelling (Sentencing Cases)

{{Currency2|January|2023}}
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{{HeaderSentCases}}
{{OffencesBoxMini|Break and Enter}}

{{seealso|Break and Enter (Sentencing Cases)}}
==Offence Wording==
<div class="mw-collapsible mw-collapsed">
{{quotation2|
; 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.<br>
{{removed|(2) and (3)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 348; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 47; {{LegHistory90s|1997, c. 18}}, s. 20.
<br>
|{{CCCSec2|348}}
|{{NoteUp|348|1}}
}}

{{quotation2|
; Aggravating circumstance — home invasion
348.1 If a person is convicted of an offence under section 98 {{AnnSec0|98A}} or 98.1 {{AnnSec0|98.1}}, subsection 279(2) {{AnnSec2|279(2)}} or section 343 {{AnnSec3|343}}, 346 {{AnnSec3|346}} or 348 {{AnnSec3|348A}} 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.

{{LegHistory00s|2002, c. 13}}, s. 15; {{LegHistory00s|2008, c. 6}}, s. 34.
|{{CCCSec2|348.1}}
|{{NoteUp|348.1}}
}}

{{quotation2|
; 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.<br>

{{removed|(2) and (3)}}
; Punishment
(4) Every person who commits an offence under subsection (1) {{AnnSec0|98(1)}} is guilty of an indictable offence and liable to imprisonment for life.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 98; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 13; 
{{LegHistory90s|1991, c. 40}}, s. 11; 
{{LegHistory90s|1995, c. 39}}, s. 139; 
{{LegHistory00s|2008, c. 6}}, s. 9.
{{Annotation}}
|{{CCCSec2|98}}
|{{NoteUp|98|1|4}}
}}
</div>

==Digests==
{{SCaseHeaderLong}}


{{SpanYear2|2022}}
{{SCaseLong|{{CanLIIR-S|Aalbers|js4sd|2022 SKCA 105 (CanLII)}}{{perSKCA|Schwann J}} | {{SK}} | CA | |  {{FindSummaries|js4sd}} {{keywords|}} }}

{{SpanYear2|2019}}
{{SCaseLong|{{CanLIIR-S|Sand|j09cp|2019 SKQB 123 (CanLII)}}{{perSKQB|Danyliuk J}} |{{SK}}|SC|  | {{FindSummaries|}} {{keywords|}} }}

{{SpanYear2|2018}}
{{SCaseLong|{{CanLIIR-S|Dragani|hsfp3|2018 BCCA 225 (CanLII)}}{{perBCCA|Savage JA}} |{{BC}}|CA| {{JailD|90}} | The offender was convicted of break & enter. He had no prior record. The Court of Appeal upheld the sentencing Judge's sentence {{FindSummaries|hsfp3}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|MacLeod|hpw5t|2018 SKCA 1 (CanLII)}}{{perSKCA|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." {{summfrom|Naytowhow|jxfc6#par26|2023 SKPC 38 (CanLII)}} {{FindSummaries|hpw5t}} {{keywords|}}  }}

{{SpanYear2|2017}}
{{SCaseLong|{{CanLIIR-S|Tollestrup|h3682|2017 ABPC 67 (CanLII)}}{{perABPC|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." {{summfrom|SmithLowe|hvwn5#par63|2018 ABQB 896 (CanLII)}}{{atL|hvwn5|63}} {{FindSummaries|h3682}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Jones|h387v|2017 ABPC 69 (CanLII)}}{{perABPC|Pharo J}}|{{AB}}|PC| {{JailM|2}} (theft) <br> {{JailMO|18|B&E}} <br>{{Sunknown|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. <br>
" 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." {{summfrom|Smith-Lowe|hvwn5#par65|2018 ABQB 896 (CanLII)}}{{atL|hvwn5|65}} {{FindSummaries|h387v}} {{keywords|found guilty|addiction}} }}

{{SCaseLong|{{CanLIIR-S|Herrington|gxj9z|2017 ABCA 61 (CanLII)}}{{TheCourtABCA}} |{{AB}}|CA| {{JailMO|15|B&E}} {{Sunknown|B&E instr.}}{{Sunknown|breach}}| The offender pleaded guilty B&E, poss'n of B&E instruments, and breach of probation. {{FindSummaries|gxj9z}} {{keywords|}}  }}

{{SpanYear2|2016}}
{{SCaseLong|{{CanLIIR-S|Clarke|gvvcm|2016 ABPC 255 (CanLII)}}{{perABPC|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." {{summfrom|Smith-Lowe|hvwn5#par62|2018 ABQB 896 (CanLII)}}{{atL|hvwn5|62}} {{FindSummaries|gvvcm}} {{keywords|}} }}


{{SpanYear2|2015}}

{{SCaseLong|{{CanLIIR-S|Foster|gm0ll|2015 SKCA 114 (CanLII)}}{{perSKCA|Ottenbreit JA}} |{{SK}} |CA| |  }}

{{SCaseLong|{{CanLIIR-S|Green|gm8zz|2015 CanLII 77573 (NLSCTD)}}{{perNLSC|Handrigan J}}|{{NL}}|SC| {{JailM|12}} | {{FindSummaries|gm8zz}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Jones-Solomon||2015 ONCA 654 (CanLII)|329 CCC (3d) 191}} | {{ON}} |CA| 13 years | }}

{{SpanYear2|2014}}
{{SCaseLong|{{CanLIIR-S|Martyn|g6n3d|2014 ABCA 151 (CanLII)}}{{TheCourtABCA}}|{{AB}}|CA | {{JailY|5}} | offender charged with 5 B&Es and other charges. $53k worth of lost property. Offender was cooperative. He had a long criminal record.{{FindSummaries|g6n3d}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Debigare|g2q1v|2014 SKCA 2 (CanLII)}}{{perSKCA|Caldwell JA}} | {{SK}} | CA| | }}

{{SpanYear2|2013}}
{{SCaseLong|{{CanLIIR-S|Legault|fzf87|2013 BCPC 155 (CanLII)}}{{perBCPC|Bennett J}}|{{BC}}|PC| {{JailY|5}} | Guilty plea for two residential breaks. 33 prior convictions for B&E. {{FindSummaries|fzf87}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Webb|fx3ts|2013 ABCA 136 (CanLII)}}{{perABCA|Watson JA}}|{{AB}}|CA|{{JailY|3}} | offender was a "professional" burglar {{FindSummaries|fx3ts}} {{keywords|}} }}

{{SpanYear2|2012}}
{{SCaseLong|{{CanLIIR-S|McAuley|ftj09|2012 CanLII 65027 (NL PC)}}{{perNLPC|Gorman J}}|{{NL}}|PC | Suspended | {{FindSummaries|ftj09}} {{keywords|}}  }}

{{SCaseLong|{{CanLIIR-S|Duerksen|fr5xw|2012 MBCA 41 (CanLII)}}{{TheCourtMBCA}}|{{MB}}|CA| {{JailY|4}}| 96 breaks over 21 years--offender was 36 years old with no record--appeal from CSO {{FindSummaries|fr5xw}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Perrin|fsdr4|2012 NSCA 85 (CanLII)}}{{perNSCA|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. {{FindSummaries|fsdr4}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|John|fq4d6|2012 ONCA 114 (CanLII)}}{{TheCourtONCA}}| {{ON}} |CA | {{JailY|5}}| break and enter, extensive record {{FindSummaries|fq4d6}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Ramsdale|fq4vj|2012 ABPC 37 (CanLII)}}{{perABPC|Van de Veen J}}|{{AB}}|PC| 22 mo | {{FindSummaries|fq4vj}} {{keywords|}}  }}

{{SCaseLong|{{CanLIIR-S|Walbourne|frdbw|2012 CanLII 26671 (NL PC)}}{{perNLPC|Orr J}}|{{NL}}|PC| {{JailY|3}} |3 breaks (3 years each) and 2 assaults (6 months each) {{FindSummaries|frdbw}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Frigault|fpvch|2012 NBCA 8 (CanLII)}}{{perNBCA|Quigg JA}}|{{NB}}|CA| {{JailY|4}} | {{FindSummaries|fpvch}} {{keywords|}}  }}

{{SCaseLong|{{CanLIIR-S|Irving|fpn2b|2012 ABPC 3 (CanLII)}}{{perABPC|Ogle J}}|{{AB}}|PC| {{JailY|5}} | 6 B&Es{{FindSummaries|fpn2b}} {{keywords|}}  }}

{{SpanYear2|2011}}
{{SCaseLong|{{CanLIIR-S|Grenfal|fpchp|2011 BCPC 357 (CanLII)}}{{perBCPC|McKay J}}|{{BC}}|PC| {{JailY|2}} | break and enter into dwelling steals car; police chase {{FindSummaries|fpchp}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Campbell|fp2p2|2011 ONCJ 593 (CanLII)}}{{perONCJ|Tuck-Jackson J}}| {{ON}} |CJ| {{JailM|30}} | break into 2 apartments; long record {{FindSummaries|fp2p2}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Davidson|fkmrf|2011 NSPC 14 (CanLII)}}{{perNSPC|Atwood J}}| {{NS}} |PC|{{JailY|3}} (B&E x 2) | {{FindSummaries|fkmrf}} {{keywords|}} }}

{{SpanYear2|2010}}
{{SCaseLong|{{CanLIIRP-S|Lywood|2cqz6|2010 ABCA 140 (CanLII)|[2009] AJ No 1524}}{{perABCA|Martin JA}}|{{AB}}|CA| 6 years| offender had a related record {{FindSummaries|2cqz6}} {{keywords|}} }}

{{SpanYear2|2009}}
{{SCaseLong|{{CanLIIR-S|Stewart|22261|2009 NSSC 7 (CanLII)}}{{perNSSC|Beveridge J}} | {{NS}} |SC| {{JailY|4}} | 93 prior convictions {{FindSummaries|22261}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|Auger|25rh9|2009 ABCA 310 (CanLII)}}{{perABCA|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 {{FindSummaries|25rh9}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|Cairns|22qtw|2009 BCCA 105 (CanLII)}}{{perBCCA|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 {{FindSummaries|22qtw}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Powers|23l5x|2009 ABCA 188 (CanLII)}}{{perABCA|Berger JA}} |{{AB}}|CA| time served with 3.5 months credit | Break and enter x 2; stole times in purse; developmental disability {{FindSummaries|23l5x}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Dunphy-Taylor|23f7w|2009 CanLII 21948 (NL P.C.)}}{{perNLPC|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. {{FindSummaries|23f7w}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Thomas|23vgq|2009 BCCA 233 (CanLII)}}{{perBCCA|Groberman JA}} |{{BC}}|CA| {{JailY|4}} | 36 year old, long record; broke into 6 houses while residents were away; ransacked the places {{FindSummaries|23vgq}} {{keywords|}} }}

{{SCaseLong|{{CanLIIRC-S|R c Béchard|22gbw|2009 QCCQ 848 (CanLII)}}{{perQCCQ|Vauclair J}}|{{QC}}|PC
|{{CSOM|10}} | 50 year old with dated record, broke into an apartment, stole tools and sold at pawn shop {{FindSummaries|22gbw}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Campeau|225j4|2009 SKCA 3 (CanLII)}}{{perSKCA|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." {{summfrom|Naytowhow|jxfc6#par26|2023 SKPC 38 (CanLII)}} {{FindOthers|225j4}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|Shirley|23v4v|2009 ONCJ 266 (CanLII)}}{{perONCJ|De Filippis J}}| {{ON}} |PC| | {{FindSummaries|23v4v}}{{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|Serre|22bzc|2009 ONCA 108 (CanLII)}}{{TheCourtONCA}}| {{ON}} |CA| {{JailY|4}} | broke into house to collect drug debt; carried weapon and made implicit threat{{FindSummaries|22bzc}} {{keywords|}} }}


{{SpanYear2|2008}}
{{SCaseLong|{{CanLIIR-S|Reader (M.)|1wgk2|2008 MBCA 42 (CanLII)}}{{perMBCA|}}|{{MB}}|CA| {{JailY|15}} | {{FindSummaries|1wgk2}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Goundar|1x1j7|2008 BCPC 115 (CanLII)}}{{perBCPC|Kitchen J}}|{{BC}}|PC|18 month CSO | entered residence and immediately ran away on seeing residents{{FindSummaries|1x1j7}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|TJF|20dnv|2008 BCCA 325 (CanLII)}}{{perBCCA|Frankel JA}}|{{BC}}|CA|{{JailY|5}}| home invasion; elderly couple; violence against residents{{FindSummaries|20dnv}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Cain|1x5mt|2008 NSCA 49 (CanLII)}}{{perNSCA-H|Bateman JA}}| {{NS}} |CA| {{JailY|4}} |{{FindSummaries|1x5mt}} {{keywords|}}}}

{{SCaseLong| {{CanLIIR-S|Hunda|1wdw0|2008 ONCA 244 (CanLII)}}{{TheCourtONCA}}| {{ON}} |CA| {{JailY|2.5}} | kicked door in, held knife to resident{{FindSummaries|1wdw0}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|P(OA)|21rmk|2008 NSSC 365 (CanLII)}}{{perNSSC|MacLellan J}}| {{NS}} |SC| {{JailY|7}} |{{FindSummaries|21rmk}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Doyle|21xnp|2008 NSSC 380 (CanLII)}}{{perNSSC|Robertson J}}| {{NS}} |SC| {{JailY|6}}|{{FindSummaries|21xnp}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Lombardo|217cm|2008 NSCA 96 (CanLII)}}{{perNSCA|Saunders JA}}| {{NS}} |CA| 18 mo for B&E related offences|8 prior related convictions{{FindSummaries|217cm}} {{keywords|}}}}



{{SpanYear2|2007}}
{{SCaseLong|{{CanLIIR-S|MacKenzie|1qnz7|2007 NSCA 10 (CanLII)}}{{perNSCA-H|Bateman JA}}| {{NS}} |CA
|3 years after remand time | age 44; record of 32 prior convictions, property related. {{FindSummaries|1qnz7}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Smith|1vq96|2007 BCPC 432 (CanLII)}}{{perBCPC|Ellan J}}|{{BC}}|PC |{{JailY|2}}<ref>after 2 months remand</ref>; {{ProbationY|3}} | broke into six residences over 23 days; 2 months remand; long standing serious drug problem; record was lengthy including 15 prior convictions for theft. {{FindSummaries|1vq96}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Abaroa-Martinez|1r9f6|2007 BCSC 571 (CanLII)}}{{perNLSC|Hood J}}|{{BC}}|SC| {{JailM|9}} | broke into the home of a friend to steal property; a dozen offences on record, mostly minor {{FindSummaries|1r9f6}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Faulconer|1rm8r|2007 BCCA 289 (CanLII)}}{{perBCCA|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 {{FindSummaries|1rm8r}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|MacKenzie|1qnz7|2007 NSCA 10 (CanLII)}}{{perNSCA-H|Bateman JA}}| {{NS}} |CA|3 years | 32 prior convictions; broke into 2 residences; long history of drugs {{FindSummaries|1qnz7}} {{keywords|}}  }}

{{SCaseLong| {{CanLIIR-S|Powis|1qslr|2007 BCCA 108 (CanLII)}}{{perBCCA|Ryan JA}}|{{BC}}|CA
|{{JailY|3}}| 6 residential and 1 commercial B&E. Was on CSO for first B&E at the time. {{FindSummaries|1qslr}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Leander Seymour|1rhj7|2007 CanLII 17364 (NL P.C.)}}{{perNLPC|Gorman J}}|{{NL}}|PC
| {{JailM|15}} | 2 break ins into cabins; lengthy record; CSO request rejected {{FindSummaries|1rhj7}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|D(T)|1t697|2007 BCPC 304 (CanLII)}}{{perBCPC|Low J}}|{{BC}}|PC|{{JailM|57}}| planned home invasion with firearm{{FindSummaries|1t697}} {{keywords|}}}}

{{SCaseLong| {{CanLIIR-S|Levandoski|1rxcn|2007 SKPC 68 (CanLII)}}{{perSKPC|Singer J}}|{{SK}}|PC| {{JailM|13}} | fight bw drug users result in offender entering home, getting punched by victim{{FindSummaries|1rxcn}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Fraser|1tmd3|2007 SKCA 113 (CanLII)}}{{per|Klebuc CJ}} | {{SK}} | CA | | {{FindSummaries|1tmd3}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|Dhaliwal|1vq8z|2007 BCSC 1936 (CanLII)}}{{perBCSC|Groberman J}}|{{BC}}|SC| {{Jail2YLess}} | broke into grow op house to rob residents; used taser to subdue victim{{FindSummaries|1vq8z}} {{keywords|}}}}

{{SCaseLong| {{CanLIIR-S|Snow|1t0tg|2007 ONCJ 426 (CanLII)}}{{perONCJ|Trotter J}}| {{ON}} |PC|{{JailY|3.5}} | 45 years old, 29 prior B&E; broke into house with screwdriver ran upstairs and stole jewellery {{FindSummaries|1t0tg}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Martinez|1r4cq|2007 NSPC 9 (CanLII)}}{{perNSPC|Tufts J}}| {{NS}} |PC|54 mo less remand |{{FindSummaries|1r4cq}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Payne|1qxnt|2007 SKCA 28 (CanLII)}}{{perSKCA|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." {{summfrom|Naytowhow|jxfc6#par26|2023 SKPC 38 (CanLII)}} {{FindSummaries|1qxnt}} {{keywords|}} }}


{{SpanYear2|2006}}
{{SCaseLong|{{CanLIIR-S|Doherty|1ndgq|2006 BCPC 208 (CanLII)}}{{perBCPC|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 {{FindSummaries|1ndgq}} {{keywords|}} 
}}

{{SCaseLong|{{CanLIIRP-S|Downey|1mzjz|2006 CanLII 10206 (ON CA)|, 2006 CarswellOnt 2018}}{{TheCourt}}| {{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 {{FindSummaries|1mzjz}} {{keywords|}} 
}}

{{SCaseLong| {{CanLIIRP-S|Gale|1mwnr|2006 CanLII 9033 (NL PC)|, 2006 CarswellNfld 97 (Prov. Ct.)}}{{perNLPC|Gorman J}}|{{NL}}|PC
| | age 39; over 2 years committed 4 thefts and 1 B&E; record of 8 prior B&Es {{FindSummaries|1mwnr}} {{keywords|}} 
}} 

{{SCaseLong| {{CanLIIR-S|Hackett|1q2wl|2006 CanLII 39900 (NL PC)}}{{perNLPC|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." {{FindSummaries|1q2wl}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|McKay|1qbfw|2006 BCPC 573 (CanLII)}}{{perBCPC|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 {{FindSummaries|1qbfw}} {{keywords|}} 
}}

{{SCaseLong| {{CanLIIR-S|Vincent|1mw97|2006 BCCA 135 (CanLII)}}{{perBCCA|Ryan JA}}|{{BC}}|CA
| 9 months after remand |age 31; plead guilty to break and entering into dwelling and obstruction; 10 prior adult convictions {{FindSummaries|1mw97}} {{keywords|}} 
}}

{{SCaseLong|{{CanLIIRP-S|Cromwell|1q355|2006 ABCA 365 (CanLII)|214 CCC (3d) 502}}{{perNBCA|O’Brien JA}} |{{AB}}|CA
| |   {{FindSummaries|1q355}} {{keywords|sexual assault}} 
}}

{{SCaseLong|{{CanLIIR-S|Brideau and St-Onge|1pmdp|2006 NBCA 94 (CanLII)}}{{perNBCA|Richard JA}} |{{NB}}|CA
| {{CSOM|6}} | break into house and assaulted resident due to prior conflict with resident {{FindSummaries|1pmdp}} {{keywords|}} 
}}

{{SCaseLong| {{CanLIIR-S| Wright|1q4bj|2006 CanLII 40975 (ON CA)}}{{perONCA|Blair JA}}| {{ON}} |CA| {{JailY|8}} |{{FindSummaries|1q4bj}} {{keywords|}}}}

{{SCaseLong| {{CanLIIR-S|Turtle|1q7xl|2006 MBCA 148 (CanLII)}}{{perMBCA|Scott CJ}}|{{MB}}|CA| {{JailM|42}} | residence present; no violence used{{FindSummaries|1q7xl}} {{keywords|}}}}

{{SCaseLong| {{CanLIIR-S|Vincent|1mw97|2006 BCCA 135 (CanLII)}}{{perBCCA|Ryan JA}}|{{BC}}|CA| {{JailM|9}} | followed victim into condo suite; pretended to be police; ran away when asked for search warrant {{FindSummaries|1mw97}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Carvalho|1n39v|2006 CanLII 12959 (ON CA)}}{{TheCourtONCA}}| {{ON}} |CA| {{JailY|5}} | break into residence at night while owner sleeping; then broke into back shed; very long record{{FindSummaries|1n39v}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Pelly|1nhsk|2006 SKCA 60 (CanLII)}}{{perSKCA|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." {{summfrom|Naytowhow|jxfc6#par26|2023 SKPC 38 (CanLII)}} {{FindSummaries|1nhsk}} {{keywords|}} }}


{{SpanYear2|2005}}
{{SCaseLong| {{CanLIIR-S|Kennedy|fww8h|2005 NLTD 28 (CanLII)}}{{perNLSC|Seaborn J}}|{{NL}}|SC|  {{CSO1Y}} | broke into window of apartment; stole $300 cash; youth record only  {{FindSummaries|fww8h}} {{keywords|}} 
}}

{{SCaseLong|{{CanLIIR-S|Lachance|1ml28|2005 QCCA 638 (CanLII)}}{{perQCCA|Bich JA}}|{{QC}}|CA| {{JailM|12}} | B&E and assault; rejection of CSO {{FindSummaries|1ml28}} {{keywords|}} 
}}

{{SCaseLong|{{CanLIIR-SN|Lynch|2005 CarswellOnt 3499 (Ont. SCJ)}}| {{ON}} |SC| 2 years less a day; 2 years probation | convicted of B&E; Record was "abominable" with six prior break and enters   {{keywords|}} 
}}

{{SCaseLong| {{CanLIIR-S|Micallef|1lqmw|2005 ABCA 311 (CanLII)}}{{perABCA|Fraser CJ}}|{{AB}}|CA| {{JailY|2}} | 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 {{FindSummaries|1lqmw}} {{keywords|}} 
}}

{{SCaseLong|{{CanLIIR-S|Mudaliar|1m1sf|2005 ABPC 333 (CanLII)}}{{perABPC|Malin J}} | {{AB}} | PC | {{JailM|15}} | "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." {{summfrom|Jones|h387v#par29|2017 ABPC 69 (CanLII)}}{{atL|h387v|29}} {{FindSummaries|1m1sf}} {{keywords|}}  }}

{{SCaseLong|{{CanLIIR-S|Best|1l8g6|2005 NSSC 199 (CanLII)}}{{perNSSC|Kennedy CJ}}| {{NS}} |SC|{{JailY|12}}| aggravated assault with B&E; lengthy non-violent record{{FindSummaries|1l8g6}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Desrochers|1lqjk|2005 MBCA 115 (CanLII)}}{{perMBCA|Monnin JA}}|{{MB}}|CA|{{JailM|15}}| 2 residential break-ins; ran away; record was lengthy with property offences; breaches {{FindSummaries|1lqjk}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Pinch|1l5t4|2005 NSSC 122 (CanLII)}}{{perNSSC|Hall J}}| {{NS}} |SC| {{JailY|4}}|{{FindSummaries|1l5t4}} {{keywords|}}}}


{{SpanYear2|2004}}
{{SCaseLong| {{CanLIIR-S|Arsenault|1hkgw|2004 BCCA 401 (CanLII)}}{{perBCCA|Finch CJ}}|{{BC}}|CA
|  {{MaxCSO}} |accused 50 years old, lengthy record; 2 break ins {{FindSummaries|1hkgw}} {{keywords|}} 
}}

{{SCaseLong|{{CanLIIR-S| Lawson|1gb4q|2004 CanLII 8990 (ON CA)}}{{TheCourtONCA}}| {{ON}} |CA| {{JailY|3}} | 3 x B&Es; long prior record; joint recommendation {{FindSummaries|1gb4q}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|Mallory|1hv7t|2004 NBCA 72 (CanLII)}}{{perNBCA|Ryan JA}}|{{NB}}|CA|{{JailM|30}}| recruited son and girlfriend's son to help break into the residence of recently deceased lady. Stole jewellery. Some prior record. {{FindSummaries|1hv7t}} {{keywords|}} }}


{{SCaseLong| {{CanLIIR-S|Pakoo|1j2c2|2004 MBCA 157 (CanLII)}}{{perMBCA|Freedman JA}}|{{MB}}|CA| {{JailY|5}} | {{FindSummaries|1j2c2}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Sharphead|1j0xx|2004 ABCA 338 (CanLII)}}{{perABCA|Hunt JA}}|{{AB}}|CA| {{JailY|3}} | broke into victim's home; committed aggravated assault with knife; no prior record{{FindSummaries|1j0xx}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|MacKenzie|1hzbq|2004 NSCA 68 (CanLII)}}{{perNSCA|Saunder JA}}| {{NS}} |CA| {{JailY|2}} | 28 convictions on record; 10 for property offences{{FindSummaries|1hzbq}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Johnson|1hzqf|2004 ABCA 308 (CanLII)}}{{perABCA|Romaine JA}}|{{AB}}|CA| {{JailY|2.5}} | break in residence while intoxicated, in bedroom of victim; woke her up, put hand on throat causing bruises{{FindSummaries|1hzqf}} {{keywords|}}}}


{{SpanYear2|2003}}
{{SCaseLong|{{CanLIIR-S|Leggo|58db|2003 BCCA 392 (CanLII)}}{{perBCCA|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.{{FindSummaries|58db}} {{keywords|}}}}

{{SpanYear2|2002}}
{{SCaseLong| {{CanLIIR-S|Bomba|58gm|2002 BCCA 17 (CanLII)}}{{perBCCA|Hubbart JA}}|{{BC}}|CA|  {{Jail2YLess}} | {{FindSummaries|58gm}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|Harvey|1dmll|2002 SKCA 20 (CanLII)}}{{perSKCA|Jackson JA}}|{{SK}}|CA| {{JailY1}} 21 year old accused; 4 prior B&E; planned with friend to break into houses of friends who were away. {{FindSummaries|1dmll}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|Power|1chqs|2002 CanLII 18133 (NL PC)}}{{perNLPC|Gorman J}} | {{NL}} | PC| | {{FindSummaries|1chqs}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|DAW|5kdn|2002 BCCA 336 (CanLII)}}{{perBCCA|Hall JA}} |{{BC}}|CA| {{JailY|10}} | 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.{{FindSummaries|5kdn}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Kelly|4xxn|2002 BCCA 190 (CanLII)}}{{perBCCA|Hall JA}} |{{BC}}|CA| {{JailY|4}} | Offender was convicted of break and enter, sexual assault, and unlawful confinement. He was 22 years old, aboriginal and had no prior record.{{FindSummaries|4xxn}} {{keywords|}}}}

{{SCaseLong| {{CanLIIR-S|Parlee|4vf6|2002 NBCA 21 (CanLII)}}{{TheCourtNBCA}}|{{NB}}|CA|2 years less a day|knocked on door; resident called police; arrested with drill{{FindSummaries|4vf6}} {{keywords|}}}}

{{SpanYear2|2001}}
{{SCaseLong|{{CanLIIR-S|Renouf|4vd2|2001 NFCA 56 (CanLII)}}{{perNLCA|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."{{FindSummaries|4vd2}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Wakeham|2dx8v|2001 CanLII 37595 (NLSCTD)}}{{perNLSC|O'Regan J}}|{{NL}}|SC| {{JailM|45}} | "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." {{FindSummaries|2dx8v}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Bush|4tbv|2001 SKCA 15 (CanLII)}}{{perSKCA|Lane JA}}|{{SK}}|CA|{{JailY|2}} | 38 year old with 49 prior convictions; 3 residential breaks in one month {{FindSummaries|4tbv}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Sayer|4tb0|2001 SKCA 73 (CanLII)}}{{perSKCA|Jackson JA}}|{{SK}}|CA| 2 years after 4 mo remand | 39 B&E, 6 of them were residential the rest were garages {{FindSummaries|4tb0}} {{keywords|}} }}

{{SpanYear2|1999}}
{{SCaseLong|{{CanLIIR-S|Adams|1k30p|1999 CanLII 9418 (NB QB)}}{{perNBQB|Rideout J}} |{{NB}}|SC|2, 9 and {{CSOM|18}} | {{FindSummaries|1k30p}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Jackson|1l76r|1999 CanLII 12227 (SK CA)}}{{perSKCA|Vancise JA}} |{{SK}}|CA| 6 mo CSO | {{FindSummaries|1l76r}} {{keywords|}} }}

{{SpanYear2|1997}}
{{SCaseLong|{{CanLIIR-SN|Colbourne|(1997), 148 Nfld. & P.E.I.R. 287 (P.C.)}} |{{PEI}} | PC | |  {{keywords|}} }}

{{SpanYear2|1996}}
{{SCaseLong|{{CanLIIR-S|Byers|1c8zj|1996 CanLII 3717 (PEICA)}}{{perPEICA|Carruthers CJ}} | |CA| {{JailM|15}} | {{FindSummaries|1c8zj}} {{keywords|}} }}

{{SpanYear2|1994}}
{{SCaseLong|{{CanLIIR-S|Arsenault|234lx|1994 CanLII 8799 (PEICA)}}{{TheCourt}} | |CA| {{JailM|12}} | 19 year old with limited record, drug abuse, 12 B&E over one day {{FindSummaries|234lx}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-SN|Kelly|(1994), 117 Nfld. & PEIR 256}} | | | {{JailM|31}} | 4 breaks and 2 breaches--offender was 19 years old with a lengthy record  {{keywords|}} }}

{{SpanYear2|1993}}
{{SCaseLong|{{CanLIIR-SN|Desjarlais|, [1993] AJ No 891}} | {{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." {{summfrom|Jones|h387v#par28|2017 ABPC 69 (CanLII)}}{{atL|h387v|28}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Laidlaw|2d9h5|1993 ABCA 125 (CanLII)}}{{perABCA|McDonald J}} | {{AB}} | CA | {{JailM|12}} | "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."{{FindSummaries|2d9h5}} {{keywords|}}}}

{{SCaseLong|{{CanLIIRP-S|Purdy|1mqx6|1993 CanLII 3123 (NS CA)| (1993), 21 WCB (2d) 616 (NSCA)}}{{perNSCA|Jones JA}}| {{NS}} |CA| 2 year {{suspended}}, {{probationY|2}}| Multiple offenders broke into a residence and assaulted the occupant in the presence of his children. The offenders were intoxicated at the time. {{FindSummaries|1mqx6}} {{keywords|}}}}


{{SpanYear2|1992}}
{{SCaseLong|{{CanLIIR-SN|Moyles| [1992] NJ No 254 (CA)}}|{{NL}}|CA| {{JailM|18}} | 2 breaks into businesses--offender was 20 years old and had a prior record for break and enter  {{keywords|}} }}

{{SCaseLong|{{CanLIIR-SN|Manning; R v Paquette|, [1992] AJ No 259}} |{{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." {{summfrom|Jones|h387v#par27|2017 ABPC 69 (CanLII)}}{{atL|h387v|27}} {{keywords|}} }}

{{SpanYear2|1991}}

{{SCaseLong|{{CanLIIR-S|Howard|1n3tl|1991 CanLII 2648 (NB Q.B.)}}{{perNBQB|Riordon J}}|{{NB}}|SC|{{JailM|18}}| enters house through basement window; flees, long criminal record{{FindSummaries|1n3tl}} {{keywords|}}}}

{{SCaseLong|{{CanLIIRP-S|Powers|fsxn1|1991 CanLII 6838 (NL CA)| Nfld. & PEIR 1 (CA)}}{{perNLCA|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."{{FindSummaries|fsxn1}} {{keywords|}}  }}

{{SCaseLong|{{CanLIIR-S|Keans|1ms4r|1991 CanLII 2486 (NS CA)}}{{perNSCA|Jones JA}}| {{NS}} |CA| {{JailY|5}} | break into residence and six cottages {{FindSummaries|1ms4r}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-SN|Hillier| [1991] NJ No 53 (CA)}}|{{NL}}|CA |{{JailY|3}}| 2 breaks into a take-out--offender was 24 years old with a lengthy record  {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Merenick|2ds7k|1991 ABCA 270 (CanLII)}}{{perABCA|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" {{summfrom|Jones|h387v#par26|2017 ABPC 69 (CanLII)}}{{atL|h387v|26}} {{FindSummaries|2ds7k}} {{keywords|}} }}

{{SpanYear2|1990}}
{{SCaseLong|{{CanLIIR-S|Weaver|1ms42|1990 CanLII 2355 (NS CA)}}{{perNSCA|Macdonald JA}}| {{NS}} |CA| {{JailM|12}} | 3 break and enters; commercial {{FindSummaries|1ms42}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-SN|Burry| [1990] NJ No 93 (CA)}}|{{NL}}|CA| {{JailM|14}} | 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."  {{keywords|}} }}

{{SpanYear2|1988}}
{{SCaseLong|{{CanLIIR-SN|Tubrett| [1988] NJ No 337 (CA)}}|{{NL}}|CA| {{JailM|30}} | break into residence, stole money, defecated on chair--offender had extensive record  {{keywords|}} }}

{{SCaseLong|{{CanLIIRP-S|Piercey|fsxlp|1988 CanLII 4434 (NL CA)| [1987] NJ No 12 (CA)}}{{perNLCA|Morgan JA}} |{{NL}}|CA|{{JailM|9}} | broke into a cabin and stole liqour and steaks--offender had lengthy record--not considered serious {{FindSummaries|fsxlp}} {{keywords|}} }}

{{SpanYear2|1986}}
{{SCaseLong|{{CanLIIRP-S|Zong|gctbr|1986 CanLII 6903 (NS CA)|72 NSR (2d) 432}}{{perNSCA|Clarke CJ}}| {{NS}} |CA| | {{FindSummaries|gctbr}} {{keywords|}} }}

{{SpanYear2|1985}}
{{SCaseLong|{{CanLIIR-SN|Butler| [1985] NJ No 40 (CA)}}|{{NL}}|CA| {{JailM|12}} | 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  {{keywords|}} }}

{{SCaseLong|{{CanLIIR-SN|White| [1985] NJ No 66 (CA)}}|{{NL}}|CA| {{JailM|22}} | 2 breaks into residences, also convicted of escape and possession--offender was 18 years old with prior record--   {{keywords|}} }}

{{SpanYear2|1984}}
{{SCaseLong|{{CanLIIR-SN|Smith| [1984] NJ No 42 (CA)}}|{{NL}}|CA| {{JailM|6}} | 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." {{FindSummaries2|Smith%2C+%22%5B1984%5D+NJ+No+42%22}} {{keywords|}} }}

{{SpanYear2|1983}}
{{SCaseLong| {{CanLIIRP-S|Newell and Poteri|jsl43|1983 CanLII 5097 (NS CA)|60 NSR (2d) 33 (NSCA)}}{{perNSCA|Hart JA}}| {{NS}} |CA| {{suspended}} | The offender broke into 5 uninhabited cottages. He was 20 years old with no prior record. {{FindSummaries|jsl43}} {{keywords|}} }}

{{SpanYear2|1980}}
{{SCaseLong|{{CanLIIR-SN|Hynes|, [1980] N.J. No. 38}} | {{NL}} | CA | | {{FinSummaries2|Hynes%2C+%22%5B1980%5D+N.J.+No.+38%22}} {{keywords|}}   }}

{{SCaseLong|{{CanLIIRP-S|Palmer|jsjzm|1976 CanLII 2503 (NS CA)|17 NSR (2d) 236}}{{perNSCA|MacKeigan JA}}| {{NS}} || {{suspended}}, {{probationM|12}} | The offender broke into 4 summer cottages. Offender had not prior record.{{FindSummaries|jsjzm}} {{keywords|}} }}










{{SCaseLong|{{CanLIIR-S|Morrisseau|h306f|2017 SKQB 76 (CanLII)}}{{perSKQB|Dawson J}}|{{SK}}|SC | {{JailY|5}} (B&E)<br>90 days (flight)<br>1 year (firearm)<br>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."{{summfrom|Naytowhow|jxfc6#par26|2023 SKPC 38 (CanLII)}} {{FindSummaries|h306f}} {{keywords|}}   }}

{{SCaseLong|{{CanLIIR-S|Noname|h2pmm|2017 SKCA 21 (CanLII)}}{{perSKCA|Richards CJ}} |{{SK}}|CA| {{JailY|5.5}} |The offender was convicted at trial of aggravated assault, assault with a weapon x 2, break and entering to commit robbery.{{FindSummaries|h2pmm}} {{keywords|}}  }}

{{SCaseLong|{{CanLIIR-S|Rowlands|gjbml|2015 CanLII 29313 (NLSCTD)}}{{perNLSC|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. {{FindSummaries|gjbml}} {{keywords|}}  }}

{{SCaseLong|{{CanLIIR-S|Roul|g2w51|2014 CanLII 2887 (NL PC}}{{perNLPC|Porter J}} |{{NL}}|PC| 1 year (B&E)<br> {{JailD|30}} (Breach)| {{FindSummaries|g2w51}} {{keywords|}}  }}

{{SCaseLong|{{CanLIIR-S|Piche|g6tw5|2014 ABPC 93 (CanLII)}}{{perABPC|Rosborough J}} |{{AB}}|PC| {{JailY|9}} (global) | Offender convicted of aggravated assault x 2 while breaking into home. {{FindSummaries|g6tw5}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Deforest|g6r6p|2014 SKCA 43 (CanLII)}}{{perSKCA|Witmore JA}}|{{SK}}|CA| {{JailY|3}} | offender breaks into home of partner and strangles her. {{FindSummaries|g6r6p}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Viscount|g6sk9|2014 BCPC 83 (CanLII)}}{{perBCPC|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.{{FindSummaries|g6sk9}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Mergle-Houle|g6n3q|2014 ABQB 244 (CanLII)}}{{perABQB|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.{{FindSummaries|g6n3q}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Klemenz|g68fz|2014 SKQB 60 (CanLII)}}{{perSKQB|Dawson J}}|{{SK}}|SC| {{JailY|12}} | aggravated sexual assault. Two offenders. Both had lengthy records. {{FindSummaries|g68fz}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Hill|fws2h|2013 ONCJ 159 (CanLII)}}{{perONCJ|Baldwin J}} | {{ON}} |PC| B&E (8 years) <br>Robbery (8 years)  | {{findSummaries|fws2h}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Abraham|fvfbb|2012 MBPC 77 (CanLII)}}{{perMBPC|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. {{FindSummaries|fvfbb}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Goodwin|fvb0d|2012 BCPC 439 (CanLII)}}{{perBCPC|O'Byrne J}} |{{BC}}|PC| {{JailY|3}} | 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.{{FindSummaries|fvb0d}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Fraser|ftxp4|2012 NSCA 118 (CanLII)}}{{perNSCA|Hamilton JA}}| {{NS}} |CA| {{JailY|3}} | 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.{{FindSummaries|ftxp4}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Wahobin|frqx3|2012 SKPC 95 (CanLII)}}{{perSKPC|O'Hanlon J}}|{{SK}}|PC|{{JailY|3.5}} | broke into apartment, committed assault causing bodily harm{{FindSummaries|frqx3}}{{keywords|}} }}

{{SCaseLong|{{CanLIIRP-S|Walbourne|frdbw|2012 CanLII 26671 (NL PC)| [2012] NJ No 171}}{{perNLPC|Orr J}}|{{NL}}|PC|{{JailM|48}} | broke into three private residences, committed assault and mischief{{FindSummaries|frdbw}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Rao and MacFadden,|frt0s|2012 BCSC 929 (CanLII)}}{{perBCSC|Humphries J}}|{{BC}}|SC|{{JailY|12}} |also convicted of sexual assault and robbery{{FindSummaries|frt0s}} {{keywords|}} }}

{{SCaseLong|{{CanLIIRC-S|Qaqasiq v R.|frg66|2012 NUCA 3 (CanLII)}}{{perNUCA|Hunt JA}}| |CA | {{JailY|3}}| broke into home of victim and two children while armed with a rifle--lengthy record{{FindSummaries|frg66}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Desnomie|fq300|2012 SKCA 11 (CanLII)}}{{perSKCA|Cameron J}} | {{SK}} | CA | | {{FindSummaries|fq300}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Gladue|fpcqt|2011 ABCA 378 (CanLII)}}{{perABCA|O’Ferrall J}}|{{AB}}|CA | {{JailY|7}} | home invasion sexual assault{{FindSummaries|fpcqt}}{{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|LLG|fpg3f|2011 MBQB 269 (CanLII)}}{{perMBQB|Perlmutter J}}|{{MB}}|SC | {{JailY|10}} | home invasion and sexual assault; chlidren were present{{FindSummaries|fpg3f}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Omilgoituk|fp459|2011 NLCA 77 (CanLII)}}{{perNLCA|Hoegg JA}}|{{NL}}|CA | {{JailM|33}} | kicked down door of residence and threatened to kill  victim{{FindSummaries|fp459}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|CWS|2frpd|2011 ABPC 60 (CanLII)}}{{perABPC|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." {{summfrom|Smith-Lowe|hvwn5#par58|2018 ABQB 896 (CanLII)}}{{atL|hvwn5|58}} {{FindSummaries|2frpd}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|GJ|fnsm5|2011 SKCA 133 (CanLII)}}{{perSKCA|Ottenbreit J}} | {{SK}} | CA | | {{FindSummaries|fnsm5}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Keepness|2b0n3|2010 SKCA 69 (CanLII)}}{{perSKCA|Jackson J}} | {{SK}} | CA | |{{FindSummaries|2b0n3}} {{keywords|}}  }}

{{SCaseLong|{{CanLIIR-S|Lemaigre|fkhrq|2010 SKCA 158 (CanLII)}}{{perSKCA|Smith JA}} | {{SK}} | CA | |{{FindSummaries|fkhrq}} {{keywords|}}  }}

{{SCaseLong|{{CanLIIR-S|Bellegarde|27x5g|2010 SKCA 15 (CanLII)}}{{perSKCA|Richards JA}} | {{SK}} | CA | |{{FindSummaries|27x5g}} {{keywords|}}  }}



{{SCaseEnd}}