Unlawfully in a Dwelling (Sentencing Cases)
| This page was last substantively updated or reviewed January 2018. (Rev. # 90321) |
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Offence Wording
- Being unlawfully in dwelling-house
349 (1) Every person who, without lawful excuse, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or of an offence punishable on summary conviction.
- Presumption
(2) For the purposes of proceedings under this section, evidence that an accused, without lawful excuse, entered or was in a dwelling-house is, in the absence of any evidence to the contrary, proof that he entered or was in the dwelling-house with intent to commit an indictable offence therein.
R.S., 1985, c. C-46, s. 349; 1997, c. 18, s. 21; 2018, c. 29, s. 35.
Case Digests
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Sinclair, 2017 MBCA 9 (CanLII), per Hamilton JA | MB  |
CA | 7.5 years imprisonment (dwelling) 5 years imprisonment (robbery) 2 years (threats) 1 year (personation) |
The judge referred to it as a "home invasion". Find summaries of case. |
| R v Pardy, 2016 CanLII 24209 (NLTD), per Handrigan J | NL  |
SC | time served + probation | The offender plead guilty to 349 and theft under 5,000. Offender served 36 days on remand. Find summaries of case. |
| R v Wiens, 2013 ABPC 15 (CanLII), per Pharo J | AB  |
PC | 16 months imprisonment | Find summaries of case. |
| R v Fraser, 2012 NSCA 118 (CanLII), per Hamilton JA | NS  |
CA | 3 years imprisonment | Find summaries of case. |
| R v House, 2012 NLCA 41 (CanLII), per Welsh JA | NL |
CA | discharge | Find summaries of case. |
| R v Wells, 2006 NSSC 313 (CanLII), per S MacDonald J | NS |
SC | 3 years imprisonment | Find summaries of case. |
| R v Monteiro and Ford, 2005 BCSC 1201 (CanLII), per Joyce J | BC  |
SC | 3.5 years imprisonment | Find summaries of case. |
| R v Savard, 2005 ABCA 432 (CanLII), per Costigan JA | AB |
CA | 4 months imprisonment | Find summaries of case. |
| R v Mattice, 2003 BCCA 370 (CanLII), per Donald JA | BC |
CA | 18 months imprisonment | Find summaries of case. |
| R v Taylor, 1993 CanLII 3060 (NB QB), , 135 N.B.R.(2d) 213 (TD), per Riordon J |
NB  |
SC | fine and probation | Find summaries of case. |
| R v Barnes, 2004 NSSC 257 (CanLII), per Kennedy CJ | NS |
SC | 2 years imprisonment | Find summaries of case. |