What Are The Elements Of A Break And Enter Charge?
The Crown is required the following elements beyond a reasonable doubt in a break and enter case:
- Identity of the accused;
- Date, time, and jurisdiction;
- The location of the premises that was broken into or out of;
- The accused entered the premises;
- The accused did not have permission to enter the premises;
- The accused intended to or did commit an indictable offence;
If charged under section 348(1)(d) of the Criminal Code, the Crown will also have to prove that the premises was a "dwelling house" .
