Elements of Break and Enter

• Date, Time and Location of the Offence
• Identification of the Accused
• Legal Definition of the Location
  • Place or,
  • Dwelling House
• Information from the owner/caretaker
  • Who Owns the Location
  • Who last secured the location, and what was the condition of premise prior to BNE
  • Who can describe (and what was) the condition of premise after the BNE
• Evidence of “Break” and “Enter”(Entrance)
  • Method of entry? What is the damage? Estimate of costs.
    • Was there a constructive “Break”
    • Link to Constructive Break – Legal Issues
• Evidence the accused committed or intended to commit an Indictable offence
  • Confirm that accused has no lawful (legal) claim to enter the location
    • Common claims – harsh weather, mistake often due to intoxication, civil claims (he owed me money)
    • There is a presumption in subsection 348(2)  – View the presumption in Statutory law
      • You should ask and document the accused’s reply to your presumptive question. Eg: Do you have any lawful reason for being inside the premise?
  • If the accused committed another offence review and address the elements of the offence that accused committed after they had broken in. In most cases this will be “Elements of Theft”
  • If the accused did not complete the second offence, how did they show their intent to commit the other indictable offence? A BNE without the evidence of the intention to commit another offence is a mischief.
• Aggravating Circumstances – Section 348.1 
  • Were people home during the BNE –  people sleeping
    • Must prove knowledge of people home or recklessness
  • Violence was used during the BNE – home invasion

Links:
Statutory wording for BNE – Section 348