Criminal Code, section 348(1)(d)
Break and enter a dwelling-house
What the law says
- Maximum
- Life imprisonment
- Mandatory minimum
- No mandatory minimum
- Kind of offence
- Property
Indictable only. Covers breaking and entering with intent, committing an offence, or breaking out.
18 cases with this offence
- May 27, 202633.5 months before credit (2 years less a day after 285 days' credit), then 3 years probation
- May 14, 2026R. v. Henry, 2026 BCSC 1107
- Below the Crown's ask
- On release at the time
6 years imprisonment on all counts, concurrent - April 13, 20265 years custody (977 days credit, 848 days remaining); 12 months concurrent on each other count
- February 9, 20264.5 years in custody (3 years break and enter, 18 months consecutive for indignity to human remains, 18 months concurrent for arson), less 32 days' credit
- December 11, 2025R. v. S.D.H., 2025 BCSC 2542
- Below the Crown's ask
22 months in custody (20 months for break and enter, 2 months consecutive for careless storage of a firearm), less 155 days' credit; 10-year weapons prohibition - April 14, 2025R. v. Coghill, 2025 BCSC 733
- Below the Crown's ask
11 years in custody, less 240 days credit (60 days pre-sentence custody and 180 days for strict bail) - September 19, 20246 years concurrent on both counts, less 449 days pre-sentence credit
- June 28, 2024Conditional discharge with three years probation
- April 30, 2024R. v. C.S., 2024 BCSC 922
- Below the Crown's ask
- On release at the time
Five years imprisonment on each count, concurrent - December 14, 2023R. v. Suel, 2023 BCSC 2288
- Below the Crown's ask
30 months custody (6 months for break and enter, 24 months for aggravated assault), less credit for time served - January 30, 2023R. v. LeRoy, 2023 NSSC 37
- Below the Crown's ask
- On release at the time
10 years in custody less 4 years' remand credit, leaving 6 years to serve - January 6, 2023R. v. Main, 2023 BCSC 530
- Below the Crown's ask
Three years jail less 395 days' (13 months) pre-sentence credit, leaving 23 months, then 3 years probation; concurrent on both counts - November 25, 2022R. v. Lesko, 2022 BCSC 2276
- Below the Crown's ask
7 years (6 years concurrent on B&E-robbery and confinement, plus 1 year consecutive for imitation firearm), less 1 month pre-trial credit; DNA, 10-year s. 109 prohibition, s. 743.21 no-contact order - May 24, 2022R. v. T.L.E., 2022 BCSC 919
- Below the Crown's ask
7 years imprisonment less 95 days pre-sentence credit (6 months concurrent on the threat count) - April 20, 20225 years in custody (4 years concurrent on break and enter and robbery, 1 year concurrent for disguise, 1 year consecutive for imitation firearm), less 702 days credit
- November 15, 2021R. v. Armstrong, 2021 BCSC 2377
- Below the Crown's ask
- On release at the time
8 years in prison less 965 days credit (5 years, 128 days remaining) - November 12, 20214.5 years' imprisonment on all counts, concurrent
- July 16, 2021R. v. Fulton, 2021 BCSC 2721
- Below the Crown's ask
33 months' imprisonment (all counts concurrent), less 31.35 months' credit for pre-trial custody, then 2 years probation
Judges who sentenced this offence
- The Honourable Justice D. Allan Betton
- The Honourable Justice Anthony Saunders
- The Honourable Justice Ardith Walkem
- The Honourable Justice Briana Hardwick
- The Honourable Justice David A. Crerar
- The Honourable Justice Gary P. Weatherill
- The Honourable Justice Heather J. Holmes
- The Honourable Justice Jamie S. Campbell
- The Honourable Justice Jan Brongers
- The Honourable Justice Jennifer M.I. Duncan
- The Honourable Justice John Gibb-Carsley
- The Honourable Justice K. Michael Stephens
- The Honourable Justice Kathleen M. Ker
- The Honourable Justice Lindsay M. Lyster
- The Honourable Justice Nitya Iyer
- The Honourable Justice Patrick J. Murray
- The Honourable Justice Ronald A. Skolrood