Breaking and Entering is a severe charge. The critical elements of the offence are entry into the property, whether it be a store or a residence. Although this refers to break and enter, nothing has to be broken to prove the charge. Entering through an unlocked door into a home or place may still constitute an offence. The Crown will generally seek jail time upon conviction.
Breaking & Entering may be committed in one of three ways: -Breaking and entering into a place to commit a crime once inside (for example, theft or assault) -Breaking and entering into a place and committing a crime once inside -Breaking out of somewhere after committing a crime inside
Lesser variations of this offence include: -Illegally being in Dwelling -Mischief -Trespassing at Night -Forcible Entry
"Place" is defined as a house, a building or any part of a structure; railway car; boat; an airplane; trailer; or a pen where animals are kept.
Although the offence refers to "breaking," nothing has to be physically broken, opening a closed but unlocked door is sufficient evidence.
Breaking and Entering is a severe crime, and the authorities use sophisticated methods of investigation to identify the suspect. Searching for fingerprints and D.N.A. testing items touched are only some of these methods.
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