Possession of Break-in Instruments (Sentencing Cases): Difference between revisions

Revision as of 12:54, 24 January 2024

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< Cases

Possession of break-in instrument

351 (1) Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose,

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction.

[omitted (2)]

R.S., 1985, c. C-46, s. 351; R.S., 1985, c. 27 (1st Supp.), s. 48; 2008, c. 18, s. 9; 2018, c. 29, s. 37; 2019, c. 25, s. 128.

– CCC (CanLII), (DOJ)

Note up: 351 (1)

Case Digest

Case Name	Prv.	Crt.	Sentence	Summary
R v Hawes, 1994 CanLII 4017 (NSCA), per Pugsley JA	NS	CA	6 months imprisonment	The offender was convicted of possession of break-in instruments and prowling at night.

@@ Line 3: / Line 3: @@
 {{HeaderSentCases}}
 {{OffencesBoxMini|Possession of Break-in Instruments}}
+{{quotation2|
+; Possession of break-in instrument
+(1) Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose,
+:(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
+:(b) is guilty of an offence punishable on summary conviction.
+{{removed|(2)}}
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 351;
+R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 48;
+{{LegHistory00s|2008, c. 18}}, s. 9;
+{{LegHistory10s|2018, c. 29}}, s. 37;
+{{LegHistory10s|2019, c. 25}}, s. 128.
+|{{CCCSec2|351}}
+|{{NoteUp|351|1}}
+}}
 ==Case Digest==