What Defines A Break And Enter
Generally, Break and Enter charges relate to residential homes or commercial places of business. The offence involves the accused entering into a place with the intention of committing an indictable offence.
In spite of what the name suggests, one need not "break" or force entry to be charged with this criminal offence. Indeed, walking through an open door has been held to constitute a "Break and Enter." Moreover, a conviction is not contingent upon any damage to the property entered.
Break and Enters are generally committed by people attempting to steal property. By doing so, they commit the indictable offence of Theft while Breaking and Entering. If an accused does not have the intention to commit an indictable offence, but unlawfully enters a premise, he or she may be committing other offences in the Criminal Code.
