BREAK AND ENTRY AND SIMILAR OFFENSES EXERCISES
SCENARIO ANSWERS

SCENARIO A

• The offence committed by Davis is breaking out of a place after committing an indictable offence (theft) Sub-parapgraph 348(1)(c)(i) C.C.
• Key words: breaks out, place
• Type of offence: Indictable
• Punishment: term not exceeding 14 years. Paragraph 348(1)(e) C.C. (place other than a dwelling house)
• Parties to the offence: His brother Mike (aider) Paragraph 21(1)(b) C.C.

SCENARIO B

• The offence committed by the 16 year old boy is breaking and enter with intent to commit an indictable offence, Paragraph 348(1)(a) C.C. The onus is on the Crown to prove that the boy was in the place with intent to commit an indictable offence.

  N.B. There is a possibility that you may come up with Sub-section 349(1) C.C., being unlawfully in a dwelling house.

• Key words: break and enters, intent.
• Punishment: liable to imprisonment for life Paragraph 348(1)(d) C.C. (dwelling house)
• Type of offence: Indictable
• Parties to the offence: The young boy (perpetrator)

SCENARIO C

• The offence is possession of break-in instrument, Sub-section 351(1) C.C. The onus of proof lies upon the young man to establish that he had the instrument for a lawful purpose.
• Key words: possession, instrument, reasonable inference, motor vehicle.
• Type of offence: Indictable
• Punishment: liable to imprisonment for a term not exceeding ten years
• Parties to the offence: the young boy (perpetrator)

SCENARIO D

• The offence committed is break, enter and commit the indictable offence of theft, Paragraph 348(1)(b) C.C.
• Key words: have already been researched
• Type of offence: Indictable
• Punishment: liable to a term of imprisonment not exceeding 14 years, Paragraph 348(1)(e) C.C.
• Parties to the offence:
  • Menard - counsellor, Sub-section 22(1)and Section464 C.C.
  • Trottier - perpetrator, Paragraph 21(1)(a) C.C.
  • Johnson - perpetrator, Paragraph 21(1)(a) C.C.
  • Trottier's girlfriend - abettor, Paragraph 21(1)(c) C.C.
  • Martel - would be investigated and if all the elements are present he could be charged with possession of goods obtained by crime. Section 354 or 355 C.C.

SCENARIO E

• The offence committed by Crofton is break, enter and commit the indictable offence of theft. Paragraph 348(1)(b) C.C.
• Key words: have already been researched
• Offence: break, enter and theft Paragraph 348(1)(b)C.C.
• Type of offence: Indictable
• Punishment : liable to imprisonment to a term of imprisonment not exceeding 14 years. Paragraph 348(1)(e) C.C.
• Parties to the offence: Crofton - perpetrator, Paragraph 21(1)(a) C.C.

© GRC - RCMP
ecd1202a.doc
November 10, 1998

Source: Cadet Training Program - RCMP