Canadian Criminal Law/Offences/Prison Breach



Prison breach
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


In addition to the essential elements of time, location, and identity, the Crown should prove:

section 144(a)

  1. the accused breaks a prison
  2. the accused used force or violence
  3. the specifically intended to set himself or another person free from prison

section 144(b)

  1. the accused is confined in a cell or another place in prison
  2. the accused uses force to break out of or make breaches in that place of confinement