Break and Enter - Possession of Break in Tools

Question 1

s. 348(1) Break and Enter

Answer 1

Everyone who

1) BE with INTENT commit indictable
(2) BE and COMMITS indictable
(3) Breaks out after (1) (2

Question 2

s. 348(2) - B&E Presumption

Answer 2

Evidence that an accused:

(a)
(1) BE or attempted BE a place
(2) in absence of evidence
(3) commit indictable offence

No need to prove intent

(b)
(1) broke out of place
(2) in absence of evidence

Once you break out, intent was to commit indictable offence

(c) offence in dwelling house (indictable - life)
(d) not a dwelling (dual procedure)

Question 3

Definition of Place

Answer 3

(a) dwelling house
(b) building/structure other than dwelling
(c) railway, vessel, aircraft or trailer
(d) pen, enclosure (animals) captivity breeding/commercial

Question 4

s. 349(1) - Unlawfully in a Dwelling House

Answer 4

(1) without lawful excuse
(2) Enters dwelling house
(3) intent to commit indictable

Question 5

s. 350 Entrance (purpose of 348/349)

Answer 5

(a) enters once part of body/instrument used within anything entered
(b) deemed to have BE if
(c) obtained entrance by threat/artifice/collusion
(d) entered without lawful justification through permanent/temporary opening

Question 6

s. 98 Break and Enter/Stealing a Firearm

Answer 6

Everyone

(1) BE place INTENT steal firearm
(2) BE place steals firearm or
(3) break outs after stealing firearm or
(4) breaks out after INTENT to steal firearm

Question 7

Definition Break

Answer 7

means

(1) break any part internal/external
(2) open anything used/intended use
(3) cover internal/external opening

Question 8

s. 351 - Possession of Break-in Instruments

Answer 8

Everyone, without lawful excuse

(1) possession
(2) instrument suitable for purpose
(3) reasonable inference
(4) instrument used/intended used

Question 9

What is an Instrument? (R. v Benischek)

Answer 9

(1) possesses physical characteristic
(2) enable to be used/handled
(3) facilitate breaking/opening