Fed Law - Break and Enter/Break in Tools

Question 1

s. 348 (1)

Break and Enter
4

Answer 1

Everyone who:
1 - Breaks and Enters a place with intent to commit indictable offence
2 - Breaks and Enters and commits indictable offence
3 - Breaks out of a place after committing indictable offence
4 - Breaks out after entering the place with intent to commit indictable offence

Question 2

s. 348(1)

B/E Punishment
3

Answer 2

1 - Dwelling-house, indictable, liable for life in prison
2 - Place other then dwelling-house, indictable, max 10yr
3 - Offence punishable on summary conviction

Question 3

DEFN of Place for B/E

4

Answer 3

1 - Dwelling-house
2 - Building or structure or any part thereof, other than DH
3 - railway vehicle, vessel, aircraft, trailor
4 - A pen or enclosure in which fur bearing animals are kept for breeding or commercial purposes

Question 4

s. 348(2)

Presumption
5

Answer 4

1 - without lawful excuse
2 - entered or was in a dwelling-house
3 - absence of any evidence to the contrary
4 - proof that he entered or was in dwelling-house
5 - with intent to commit indictable offence

Question 5

s. 350

Entrance - DEFN
3

Answer 5

1 - Any part of body/instrument that breaks the barrier of anything being entered
2 - entrance through threats or artifice/collusion
3 - entered without lawful excuse/justification by permanent or temp opening

Question 6

s. 321

Break - DEFN
2

Answer 6

1 - To break any part

2 - To open anything that is used/intended to close/cover an internal/external opening

Question 7

s. 98(1)

B/E to Steal Firearm
Indictable - (3)

Answer 7

1 - BE a place with intent to steal firearm
2 - B/E a place and steals firearm
3 - Breaks out of a place after stealing firearm or after intent to steal firearm

Question 8

s. 351(1)

Possession of Break-in Instrument
2

Answer 8

1 - everyone who has possession

2 - Any instrument suitable for the purpose of breaking into any place, MV, Vault/Safe

Question 9

s. 349(1)

Unlawfully in Dwelling House
2

Answer 9

1 - Everyone who W/O lawful excuse
2 - Enters or is in a DH with intent to commit an indictable offence
ex - open house, someone steals something