Criminal Code, section 351(1)

Possession of break-in instruments

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

3 cases with this offence

  1. 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
  2. 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
  3. April 14, 2022
    R. v. Sawatsky, 2022 BCSC 625Possession of a controlled substance; Breaking and entering to steal firearm; Possession of break-in instruments, Powell River. Justice Jasvinder S. Basran
    5 years imprisonment (concurrent 1 month, 15 days and 4 months on other counts), less 201 days credit; DNA, lifetime s. 109 prohibition

Judges who sentenced this offence

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