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" .


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