Break and enter a dwelling-house
R. v. Durando
Sentence and the Crown's position
What the law allows
Craig Durando pleaded guilty to breaking and entering a dwelling house in Terrace and committing assault with a weapon and robbery there. The Crown sought 4.5 years' imprisonment; the defence sought a conditional sentence of two years less a day. Justice Duncan imposed 33.5 months before credit for 285 days of pre-sentence custody, leaving two years less a day in a provincial facility followed by three years of probation, citing his significant rehabilitation, employment and guilty plea.
In the judge's words
1While his actions are consistent with offenders who received sentences in the six to 10 year range identified by the Crown, Mr. Durando's efforts and his counsel's submissions persuade me that a sentence in the low penitentiary range, meaning three years or less, addresses the gravity of the offence, the need to denounce his conduct and deter others, and the recognition of the harm caused by the offence.
The record
- Convicted of
- Break and enter a dwelling-house (CC 348(1)(d))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: E.C. Rines
Defence: D.J. McNamee
Sources
- R. v. Durando, 2026 BCSC 988 Court decision, CanLII, May 27, 2026
[27] Mr. Rines, Crown counsel, seeks a sentence of imprisonment of 4.5 years.
[32] Mr. McNamee did not downplay the fact that this was a serious crime, but he maintains Mr. Durando is a changed person and the case is one which should attract a sentence well below the range relied on by the Crown. Mr. McNamee seeks a CSO of two years less a day and three years probation.
[1] On October 14, 2025, Craig Durando entered a guilty plea to breaking and entering a dwelling house in Terrace, B.C. and committing assault with a weapon and robbery therein, contrary to s. 348(1)(b) of the Criminal Code, R.S.C. 1985, c. C-46 [Code].
While his actions are consistent with offenders who received sentences in the six to 10 year range identified by the Crown, Mr. Durando's efforts and his counsel's submissions persuade me that a sentence in the low penitentiary range, meaning three years or less, addresses the gravity of the offence, the need to denounce his conduct and deter others, and the recognition of the harm caused by the offence.
[44] I am satisfied that a sentence of 33.5 months before credit for time served is required to respect the need to denounce the conduct, deter others and recognize the harm caused. Deducting the pretrial custody of 9.5 months, or 285 days, I arrive at a sentence of two years less a day to be served in a provincial correctional facility. … [45] The sentence will be followed by a period of probation for three years, on the following terms:
- Criminal Code, s. 348 Record, Justice Laws Website
- R. v. Durando, 2026 BCSC 988 Court decision, Courts of British Columbia