144. Every one who
- (a) by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or
- (b) with intent to escape forcibly breaks out of, or makes any breach in, a cell or other place within a prison in which he is confined,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
R.S., c. C-34, s. 132; 1976-77, c. 53, s. 5.
Proof of the Offence edit
In addition to the essential elements of time, location, and identity, the Crown should prove:
- the accused breaks a prison
- the accused used force or violence
- the specifically intended to set himself or another person free from prison
- the accused is confined in a cell or another place in prison
- the accused uses force to break out of or make breaches in that place of confinement