The Criminal Code now recognizes several "break and enter" and related offences; defines "break," "enter," and "place"; and provides certain evidential rules for prosecutions.
Section 348 of the Criminal Code establishes the main modern prohibitions against burglary. It creates 3 indictable offences: a) breaking and entering a place with intent to commit an indictable offence therein; b) breaking and entering a place and committing an indictable offence therein; and c) breaking out of a place after committing an indictable offence therein or after entering the place with intent to commit an indictable offence therein. If the offence was committed in relation to a dwelling-house, the maximum sentence is life imprisonment; otherwise, the maximum sentence is 14 years.
The Criminal Code establishes offences for activities related to burglary. Anyone who, without lawful excuse, entered or was in a dwelling house with intent to commit an indictable offence, is guilty of an indictable offence with a maximum sentence of 10 years' imprisonment. Other offences include possession of break-in instruments, wearing a disguise with intent to commit an indictable offence, and the unauthorized sale, purchase or possession of automobile master keys (including lock picks).
See also ROBBERY.
Author WAYNE RENKE