B&E

Question 1

What are the three types of B&E?

Answer 1

comercial, residential, other

Question 2

Section 348 (1) of criminal code:

Answer 2

Everyone 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 OR

(c) Breaks out of a place after:
(i) committing an indictable offence
(entering the place with the intent to commit an indictable offence therein,

Question 3

Punishments if convicted of B&E: in a dwelling house

Answer 3

of an indictable offence if committed in relation to a DWELLING HOUSE

maximum penalty: life

Question 4

Penalty if B&E committed in place other than a dwelling house:

Answer 4

Term not exceeding 10 years

or

Summary conviction

Question 5

Definition of BREAK:

Answer 5

(a) to break any part, internal or external OR

(b) to open anything tha is used to close or to cover an internal or external opening

Question 6

Definition of ENTER:

Answer 6

a) a person enters as soon as any part of his body or any part of an instrument that he uses is within anything that is being entered

b) a person shall be deemed to have broken and entered if
- he obtained entrance by a threat or artifice or by collusion with a person within, or
- he entered w/o lawful justification or excuse, the proof of which lies upon him, by permanent or temporary opening

Question 7

Define PLACE

Answer 7

a. a dwelling house
b. a building or structure or any part thereof, other than dwelling house
c. a railway vehicle, vessel, aircraft or trailer, or
d. a pen or enclosed in which fur bearing animals are kept in captivity for breeding or commercial purposes

Question 8

Defien Dwelling house:

Answer 8

dwelling-house means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes

(a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passage-way, and
(b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence;

Question 9

Define Curtilage:

Answer 9

a piece of ground (as a yard or courtyard) within the property surrounding the house

Question 10

Section 348 (2) (a)

Answer 10

Section 348(2) (a)

broke and entered a place or (attempted) is in the absence of any evidence to the contrary, proof that he broke and entered the place or attempted to do so, with the intent to commit an indictable offence therein,

Question 11

Section 348(2)(b)

Answer 11

broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after

(i) committing an indictable offence therein, or
(ii) entering with intent to commit an indictable offence therein

Question 12

What are some related charges for B&E?

Answer 12

Unlawfully in a Dwelling House

Possess Break in Instruments

Disguise with Intent

Trespass at Night

Question 13

Unlawfully in a dwelling house -Section 349:

Answer 13

(1) Everyone who, without lawful excuse, the proof of which lies on that person, enters or is in a dwelling house with intent to commit an indictable offence in it, is guilty of an indictable offence (10 years or Summary conviction)

Question 14

Possess Break in Instruments- Section 351:

Answer 14

Although Motor is not a “Place” for a charge of break and enter, possession of an intrument suitable for breaking into motor vehicle is a charge under the CC

Possession without lawful excuse

Instrument suitable for breaking into a place, motor vehicle, vault or safe

A reasonable inference as to intent

Question 15

Disguise with intent- Section 351 (2)

Answer 15

With intent to commit an indictable offence

has his face masked or coloured or is otherwise disguised

is guilty of an indictable offence

not exceeding 10 years

Question 16

trespass at night-Section 117:

Answer 16

everyone who

without lawful excuse, the proof of which lies on him

loiters or prowls at night (night defined as 9-6)

on property of another person that is near a dwelling house

summary conviction

Question 17

what kinds of things should we considder at a B&E call?

Answer 17

Our safety and the safety of others

Preservation of evidence

Complete investigation= future benefits

canvass neighbors

check nearby garbage for discarded items

Question 18

if stolen property is recovered and is to be returned to lawful owner, what do we do?

Answer 18

Photograph property & complete:

Photographic Evidence Form P-78

Property return form P-77

property may be added to NICHE report under property or involved tab

Question 19

what do the crowns need to prove in a B&E?

Answer 19

Date & time of break in

Jurisdiction

Identity of the accused

That the accused “entered”

No justification for entrance

ownership of property

ownership of any goods stolen

condition of property prior to and after break in

location of property broken into

Approximate amount of damage

possession by Accused of items taken

Question 20

as an officer, what things should I be entering into my notebook for B&E?

Answer 20

Date and time of the offence

Point of Entry/Exit (POE)

Damage

items moved/ stolen & ownership of

Items for examination by Identification Unit

Suspects

Canvass of neighbors