Criminal Code, section 348(1)(e)

Break and enter a place other than a dwelling-house

What the law says

Maximum
10 years
Mandatory minimum
No mandatory minimum
Kind of offence
Property
Prosecuted
By indictment or summary conviction

Read the statute on the Justice Laws website

10 cases with this offence

  1. August 4, 2026
    R. v. Calderon, 2026 BCSC 1656Arson with disregard for human life; Break and enter a place other than a dwelling-house; Mischief over $5,000, Kaslo. Justice Lindsay M. Lyster
    4 years in custody on the arson count, less 99 days credit; 1 year concurrent on each of the other two counts
  2. May 23, 2025
    R. v. Brophy, 2025 BCSC 968Theft over $5,000; Theft $5,000 or under; Break and enter a place other than a dwelling-house; Possession of property obtained by crime over $5,000; Possession of property obtained by crime $5,000 or under; Possession of break-in instruments, Kelowna. Justice Carla L. Forth
    28 months (852 days) in custody less 573 days credit, then 24 months probation
  3. October 10, 2024
    R. v. Abbas, 2024 BCSC 2391Theft over $5,000; Theft $5,000 or under; Motor vehicle theft; Break and enter a place other than a dwelling-house; Breach of a release order, Kelowna. Justice Briana Hardwick
    2 years in custody, exceeded by 953 days' credit for 635 days of pre-sentence custody, then 2 years probation
  4. October 3, 2024
    R. v. Currie, 2024 NSSC 402Assault with a weapon; Robbery; Possession of a weapon for a dangerous purpose; Break and enter a place other than a dwelling-house; Mischief to other property, Glace Bay. Justice Patrick J. Murray
    • Below the Crown's ask
    • On release at the time
    Six years' imprisonment in total (2 years for break and enter plus 4 years consecutive for robbery), less 442.5 days' remand credit
  5. December 14, 2023
    R. v. Burns, 2023 NSSC 424Motor vehicle theft; Break and enter a place other than a dwelling-house; Mischief to other property, Westville. Justice Joshua M. Arnold
    Conditional discharge with 18 months probation (incl. 50 hours community service); DNA order
  6. October 5, 2023
    R. v. Gallagher, 2023 BCSC 1722Arson causing damage to property; Break and enter a place other than a dwelling-house, Oliver. Justice David A. Crerar
    3 years and 9 months custody less 641 days credit (two years less a day remaining), then 3 years probation
  7. April 25, 2023
    R. v. Clark, 2023 BCSC 853Assaulting a peace officer; Break and enter a place other than a dwelling-house, Prince George. Justice Marguerite H. Church
    480 days jail on each count, concurrent, less 479 days pre-sentence credit; remaining day served by attendance in court; lifetime s. 109 prohibition
  8. November 30, 2022
    R. v. Wilson, 2022 NSPC 43Unauthorized possession of a firearm; Impaired operation of a conveyance; Failure to stop after an accident; Break and enter a place other than a dwelling-house; Failure to attend court; Breach of an undertaking; Possession of a controlled substance; Possession of a Schedule I or II substance for the purpose of trafficking; Contravention of firearm storage regulations; Disguise with intent to commit an indictable offence; Possession of break-in instruments, Pictou. Judge Del W. Atwood
    • On release at the time
    5 years imprisonment less 6 months remand credit (54 months to serve); $1,500 in fines, driving prohibition, restitution, DNA and s. 109 orders, forfeiture
  9. October 12, 2022
    R. v. Soranno, 2022 BCSC 1795Break and enter a place other than a dwelling-house, Abbotsford. Justice Frits E. Verhoeven
    30 days imprisonment, served intermittently, then 12 months probation; DNA order
  10. July 16, 2021
    R. v. Fulton, 2021 BCSC 2721Criminal harassment; Break and enter a dwelling-house; Break and enter a place other than a dwelling-house, Delta. Justice Ronald A. Skolrood
    • Below the Crown's ask
    33 months' imprisonment (all counts concurrent), less 31.35 months' credit for pre-trial custody, then 2 years probation

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