Canadian Criminal Sentencing/Cases/Break and Enter
Break and Enter
editPrivate dwelling
edit| Case | Citation | Sentence | Summary |
|---|---|---|---|
| R. v. McAuley | 2012 CanLII 65027 (NL PC) | Suspended | |
| R. v. Duerksen | 2012 MBCA 41 | 4 years | 96 breaks over 21 years--offender was 36 years old with no record--appeal from CSO |
| R. v. John | 2012 ONCA 114 | 5 years | break and enter, extensive record |
| R. v. Ramsdale | 2012 ABPC 37 | 22 mo | |
| R. v. Walbourne | 2012 CanLII 26671 (NL PC) | 3 years | 3 breaks (3 years each) and 2 assaults (6 months each) |
| R. v. Frigault | 2012 NBCA 8 | 4 years | |
| R. v. Irving | 2012 ABPC 3 | 5 years | 6 B&Es |
| R. v. Grenfal | 2011 BCPC 357 | 2 years | break and enter into dwelling steals car; police chase |
| R. v. Campbell | 2011 ONCJ 593 | 30 months | break into 2 apartments; long record |
| R. v. Davidson | 2011 NSPC 14 | 3 years for 2 B&E | |
| R. v. Stewart | 2009 NSSC 7 | 4 years | 93 prior convictions |
| R. v. Auger | 2009 ABCA 310 | 9 months after 3 months remand | broke into residence and stole a laptop; guilty plea; Accused prior convictions: B&E x2; 1 x possession stolen property; 3x mischief |
| R. v. Cairns | 2009 BCCA 105 | 10 months incarceration after 9 months pre-trial custody | age 31; broke into residence, stole jewellery; fell asleep on couch; record of 40 prior convictions: 21 property related |
| R. v. Powers | 2009 ABCA 188 | time served with 3.5 months credit | Break and enter x 2; stole times in purse; developmental disability |
| R. v. Dunphy-Taylor | 2009 CanLII 21948 (NL P.C.) | 15 months before credit | unemployed and homeless 20 year old; prior B&E record; occupied house while residents away for winter. |
| R. v. Thomas | 2009 BCCA 233 | 4 years | 36 year old, long record; broke into 6 houses while residents were away; ransacked the places |
| R. c. Béchard | 2009 QCCQ 848 | 10 months CSO | 50 year old with dated record, broke into apartment, stole tools and sold at pawn shop |
| R. v. MacKenzie | 2007 NSCA 10 | 3 years after remand time | age 44; record of 32 prior convictions, property related. |
| R. v. Smith | 2007 BCPC 432 | 2 years after 2 months remand; 3 years probation | broke into six residences over 23 days; 2 months remand; long standing serious drug problem; record was lengthy including 15 prior convictions for theft. |
| R. v. Abaroa-Martinez | 2007 BCSC 571 | 9 months | broke into home of friend to steal property; a dozen offences on record, mostly minor |
| R. v. Faulconer | 2007 BCCA 289 | Joint Sub. 2 years | 44 years old; plead guilty to B&E x 3; theft; forged documents over 5 weeks; 60 prior convictions |
| R. v. MacKenzie | 2007 NSCA 10 | 3 years | 32 prior convictions; broke into 2 residences; long history of drugs |
| R. v. Powis | 2007 BCCA 108 | 3 years | 6 residential and 1 commercial B&E. Was on CSO for first B&E at the time. |
| R. v. Leander Seymour | 2007 CanLII 17364 (NL P.C.) | 15 months | 2 break ins into cabins; lengthy record; CSO request rejected |
| R. v. Doherty | 2006 BCPC 208 | 3 years | 5 counts of residential B&E. stole electronics and furniture; high value of property; was serving CSO at time |
| R. v. Downey | 2006 CarswellOnt 2018, 2006 CanLII 10206 | Joint Sub. 10 months after 2 months remand | 37 year old; plead guilty to B&E into dwelling; record of 37 prior convictions; 14 for Break & Enter; on probation 5 times in past |
| R. v. Gale | 2006 CarswellNfld 97 (Prov. Ct.) | age 39; over 2 years committed 4 thefts and 1 B&E; record of 8 prior B&Es | |
| R. v. McKay | 2006 BCPC 573 | Joint Sub. 2 years | Guilty plea to B&E into dwelling; stolen jewellery and electronics; lengthy record with prior federal sentences |
| R. v. Vincent | 2006 BCCA 135 | 9 months after remand | age 31; plead guilty to break and entering into dwelling and obstruction; 10 prior adult convictions |
| R. v. Brideau and St-Onge | 2006 NBCA 94 | 6 months CSO | break into house and assaulted resident due to prior conflict with resident |
| R. v. Kennedy | 2005 NLTD 28 | 1 year conditional | broke into window of apartment; stole $300 cash; youth record only |
| R. v. Lachance | 2005 QCCA 638 | 12 months | B&E and assault; rejection of CSO |
| R. v. Lynch | 2005 CarswellOnt 3499 (Ont. SCJ) | 2 years less a day; 2 years probation | convicted of B&E; Record was "abominable" with six prior break and enters |
| R. v. Micallef | 2005 ABCA 311 | 2 years | age 43; plead guilty to two counts of Break and Enter for taking electronics from two trailers; record was lengthy with 14 prior break and enters |
| R. v. Arsenault | 2004 BCCA 401 | 2 years less a day CSO | accused 50 years old, lengthy record; 2 break ins |
| R. v. Lawson | 2004 CanLII 8990 (ON C.A.) | 3 years | 3 x B&Es; long prior record; joint recommendation |
| R. v. Mallory | 2004 NBCA 72 | 30 months | recruited son and girlfriend's son to help break into residence of recently deceased lady. Stole jewellery. Some prior record. |
| R. v. Bomba | 2002 BCCA 17 | 2 years less a day | |
| R. v. Harvey | 2002 SKCA 20 | 1 year | 21 year old accused; 4 prior B&E; planned with friend to break into houses of friends who were away. |
| R. v. Renouf | 2001 NFCA 56 | 16 to 36 months | 4 breaks into commercial buildings--offender had significant record |
| R. v. Wakeham | 2001 CanLII 37595 (NL SCTD) | 45 months | |
| R. v. Bush | 2001 SKCA 15 | 2 years | 38 year old with 49 prior convictions; 3 residential breaks in one month |
| R. v. Sayer | 2001 SKCA 73 | 2 years after 4 mo remand | 39 B&E, 6 of them were residential the rest were garages |
| R. v. Adams | 1999 CanLII 9418 | 2, 9 and 18 months CSO | |
| R. v. Jackson | 1999 CanLII 12227 | 6 mo CSO | |
| R. v. Byers | 1996 CanLII 3717 | 15 months | |
| R. v. Arsenault | 1994 CanLII 8799 | 12 months | 19 year old with limited record, drug abuse, 12 B&E over one day |
| R. v. Kelly | (1994), 117 Nfld. & P.E.I.R. 256 | 31 months | 4 breaks and 2 breaches--offender was 19 years old with a lengthy record |
| R. v. Moyles | [1992] N.J. No. 254 (CA) | 18 months | 2 breaks into businesses--offender was 20 years old and had a prior record for break and enter |
| R. v. Powers | (1991), 96 Nfld. & P.E.I.R. 1 (CA) | 2 years | 2 offenders did 3 breaks (a club, business and church) --offenders had prior records--low value of property stolen--"higher end" sentences |
| R. v. Keans | 1991 CanLII 2486 | 5 years | break into residence and six cottages |
| R. v. Hillier | [1991] N.J. No. 53 (CA) | 3 years | 2 breaks into a take-out--offender was 24 years old with a lengthy record |
| R. v. Weaver | 1990 CanLII 2355 | 12 mo | 3 break and enters; commercial |
| R. v. Burry | [1990] N.J. No. 93 (CA) | 14 months | break into inn and stole property worth $500--offender had prior record for arson--called sentence "high end" |
| R. v. Tubrett | [1988] N.J. No. 337 (CA) | 30 months | break into residence, stole money, defecated on chair--offender had extensive record |
| R. v. Piercey | [1987] N.J. No. 12 (CA) | 9 months | broke into a cabin and stole liqour and steaks--offender had lengthy record--not considered serious |
| R. v. Zong | 1986 72 N.S.R. (2d) 432 | ||
| R. v. Butler | [1985] N.J. No. 40 (CA) | 12 months | overturned 90 day sentence--offender broke into residence and stole property and money of value of $25,000--offender was 39 years old with no record |
| R. v. White | [1985] N.J. No. 66 (CA) | 22 months | 2 breaks into residences, also convicted of escape and possession--offender was 18 years old with prior record-- |
| R. v. Smith | [1984] N.J. No. 42 (CA) | 6 months | also sentenced for theft (6 months consecutive)--offender was 19 years old with rather lengthy criminal record |
| R. v. Palmer | (1976), 17 N.S.R. (2d) 236 | Suspended | offender broke into 4 summer cottages. Offender had not prior record. |
Private Dwelling - Resident Present or Home Invasion
edit| Case | Citation | Sentence | Summary |
|---|---|---|---|
| R. v. Goodwin | 2012 BCPC 439 (CanLII) | 3 years | Offender had 16 prior break convictions, last being 3 years. Described as "career criminal". He had 13 months remand time, it was not credited to 3 year sentence. |
| R. v. Fraser | 2012 NSCA 118 | 3 years | offender on CSO to stay away from complainant at the time that he breaks into her house, argues with her and smashes property, is chased out of house. Almost but not quite home invasion. |
| R v Wahobin | 2012 SKPC 95 | 3.5 years | broke into apartment, committed assault causing bodily harm |
| R. v. Walbourne | [2012] N.J. No. 171, 2012 CanLII 26671 (NL PC) | 48 months | broke into three private residences, committed assault and mischief |
| R. v. Rao and MacFadden | 2012 BCSC 929 | 12 years | also convicted of sexual assault and robbery |
| Qaqasiq v. R. | 2012 NUCA 3 | 3 years | broke into home of victim and two children while armed with a rifle--lengthy record |
| R. v. Gladue | 2011 ABCA 378 | 7 years | home invasion sexual assault |
| R. v. L.L.G. | 2011 MBQB 269 | 10 years | home invasion and sexual assault; chlidren were present |
| R. v. Omilgoituk | 2011 NLCA 77 | 33 months | kicked down door of residence and threatened to kill victim |
| R. v. Shirley | 2009 ONCJ 266 | ||
| R. v. Serre | 2009 ONCA 108 | 4 years | broke into house to collect drug debt; carried weapon and made implicit threat |
| R. v. Reader (M.) | 2008 MBCA 42 | 15 years | |
| R. v. Goundar | 2008 BCPC 115 | 18 month CSO | entered residence and immediately ran away on seeing residents |
| R. v. T.J.F. | 2008 BCCA 325 | 5 years | home invasion; elderly couple; violence against residents |
| R. v. Cain | 2008 NSCA 49 | 4 years | |
| R. v. Hunda | 2008 ONCA 244 | 2.5 years | kicked door in, held knife to resident |
| R. v. P. (O.A.) | 2008 NSSC 365 | 7 years | |
| R. v. Doyle | 2008 NSSC 380 | 6 years | |
| R. v. Lombardo | 2008 NSCA 96 | 18 mo for B&E related offences | 8 prior related convictions |
| R. v. D. (T.) | 2007 BCPC 304 | 57 months | planned home invasion with firearm |
| R. v. Levandoski | 2007 SKPC 68 | 13 months | fight bw drug users result in offender entering home, getting punched by victim |
| R. v. Dhaliwal | 2007 BCSC 1936 | 2 years less a day | broke into grow op house to rob residents; used taser to subdue victim |
| R. v. Snow | 2007 ONCJ 426 | 3.5 years | 45 years old, 29 prior B&E; broke into house with screwdriver ran upstairs and stole jewellery |
| R. v. Martinez | 2007 NSPC 9 | 54 mo less remand | |
| R. v. Wright | 2006 CanLII 40975 (ONCA) | 8 years | |
| R. v. Turtle | 2006 MBCA 148 | 42 months | residence present; no violence used |
| R. v. Vincent | 2006 BCCA 135 | 9 months | followed victim into condo suite; pretended to be police; ran away when asked for search warrant |
| R. v. Carvalho | 2006 CanLII 12959 (ON C.A.) | 5 years | break into residence at night while owner sleeping; then broke into back shed; very long record |
| R. v. Best | 2005 NSSC 199 | 12 years | aggravated assault with B&E; lengthy non-violent record |
| R. v. Desrochers | 2005 MBCA 115 | 15 months | 2 residential break-ins; ran away; record was lengthy with property offences; breaches |
| R. v. Pinch | 2005 NSSC 122 | 4 years | |
| R. v. Pakoo | 2004 MBCA 157 | 5 years | |
| R. v. Sharphead | 2004 ABCA 338 | 3 years | broke into victim's home; committed aggravated assault with knife; no prior record |
| R. v. MacKenzie | 2004 NSCA 68 | 2 years | 28 convictions on record; 10 for property offences |
| R. v. Johnson | 2004 ABCA 308 | 2.5 years | break in residence while intoxicated, in bedroom of victim; woke her up, put hand on throat causing bruises |
| R. v. Parlee | 2002 NBCA 21 | 2 years less a day | knocked on door; resident called police; arrested with drill |
| R. v. Howard | 1991 CanLII 2648 (NB Q.B.) | 18 months | enters house through basement window; flees, long criminal record |
Other than dwelling
edit| Case | Citation | Sentence | Summary |
|---|---|---|---|
| R. v. Lundrigan | 2012 NLCA 43 | 3 months | Break into store stealing 3 bags of chips and break into law office for cash box--no record |
| R v Desnomie | 2012 SKCA 11 | 47 months | B&E into pharmacy, used violence against occupants |
| R. v. O’Neil | 2011 CanLII 75711 (NL PC) | 12 mo CSO | break into hotel bar stole approx. 4,000$ |
| R. v. Saunders | 2011 CanLII 61825 (NL PC) | 5 months | 3 buildings; prior record |
| R v Mason | 2011 MBPC 48 | 18 mo CSO | guilty plea; youthful; prior record |
| R. v. Fitzpatrick | 2010 CanLII 43847 (NL P.C.) | 9 months | B&E into convenience store; was youthful, no adult record, was drunk at time. |
| R. v. Adams | 2010 NSCA 42 | 3 years x 2 | break into Self-Storage unit |
| R. v. Jeffrey | 2009 BCSC 1076 | 2 years | 2 x B&E into commericla property; some dated prior record |
| R. v. Richards | 2008 ABPC 35 | 2 years less a day CSO | B&E into commercial establishments all on same day; long record |
| R. v. McAllister | 2008 NSCA 103 | 3 years | very long record for B&E; broke into courthouse and stole money |
| R. v. Korte | 2008 ABCA 286 | 16 months | broke into grocery store, stole thousands of dollars in goods; lengthy record |
| R. v. Matychuk | 2008 SKCA 32 | 13 months | 3 commercial buildings; 68 prior convictions; history of drug use; CSO overturned |
| R. v. Bruce | 2008 MBPC 8 | 66 months | 25 year old, no prior record; mastermind behind 17 commercial break and enters |
| R. v. Cousins | 2007 SKCA 86 | 1 year | while on CSO, broke into auto body shop, stole 2 cars |
| R. v. Hogg | 2007 ABPC 287 | 6 months | used job in security to get access into businesses; steal computers |
| R. v. Desjardins | 2007 ONCA 345 | 3 years | broke into store; stole float; 50 prior convictions; got 14 year old daughter to help |
| R. v. Durham | 2006 BCPC 382 | 6 mo CSO | broke into carport and residential shed; long record back to 1973 |
| R. v. Lywood | 2006 ABCA 107 | 8.3 mo after remand (Joint Sub.) | 25 prior B&E; 18 mo prior to remand |
| R. v. Knife | 2006 ABPC 205 | time served (3.5 mo credit) | broke into office; took keys, change and cigars; long record |
| R. v. Dieter | 2007 ABCA 152 | 3 years | prior record; break into hair salon; was on parole from previous offence at time |
| R. v. Prasad | 2006 ABCA 288 | 18 months | stole cash box at store and a car |
| R. v. Allison | 2005 MBCA 141 | 9 months | break into store; theft over 5,000 |
| R. v. Penney | 2005 NLCA 31 | 2 years | break into pharmacy; stole 10,000 of property. |
| R. v. Ladouceur | 2005 ABCA 408 | 10 months | break into commercial residence; steals pants; intoxicated at time |
| R. v. Musqua | 2004 SKCA 108 | 18 months | broke into garage; got into fight with residents |
| R. v. Mitzel | 2002 BCCA 333 | 6 months | T.V. and video store; long prior record |
| R. v. Buggins | 2002 ABQB 90 | 77 week CSO | |
| R. v. Parlee | 2002 NBCA 21 | 2 years less a day | broke into garage (6 months) |
| R. v. Sayer | 2001 SKCA 73 | 2 years | 39 garages |
| R. v. G.E.R. | 2001 NFCA 56 | 3 years | 4 B&E into commercial premises |
| R. v. Zahorejko | 2000 BCCA 259 | 9 mo | break into a garage |
| R. v. Beney | 1998 CanLII 12194 (NB C.A.) | 10 months | garage |
| R. v. Antoine | (1998), 126 Man.R.(2d) 317 (CA) | 3 months | garage; first time offender |
| R. v. Beney | [1998] N.B.R.(2d) (Supp.) No. 14 (CA) 1998 CanLII 2194 | 10 months | garage was 5 months |
| R. v. Jackson | 1997 CanLII 4589 (PE S.C.A.D.) | 3 months CSO | youthful offender, prior youth record, significant damage to property |
| R. v. Badger | 1996 CanLII 4935 (SK C.A.) | 6 months | broke into garage |
| R. v. McKay | 1993 CanLII 3242 (NS C.A.) | 2 years | grocery store, taken $960+ in items |
| R. v. Schrader | 1991 CanLII 2592 (NS CA), (1991), 104 N.S.R. (2d) 91 (C.A.) | Suspended | Offender was 20 years old with a long youth and adult record, including break and enter. Good potential for rehabilitation. |
| R. v. Bursey | 1991 CanLII 2576 (NS CA), (1991), 104 N.S.R. (2d) 94 (C.A.) | Suspended | Offender was 20 years old with prior convictions, including theft, breach of probation and break and enter. Impressive rehabilitation efforts |
| R. v. Weaver | 1990 CanLII 2355 (NS C.A.) | 12 months | four counts B&E, including shed and arenas. |
| R. v. Armbruster | [1985] N.J. No. 88 (NLCA) | 5 years | 5 B&Es in schools, 1 B&E in gas bar. Lengthy record |