Canadian Criminal Sentencing/Offences/Trespassing at Night

Trespassing at Night
s. 177 of the Crim. Code
Election / Plea
Crown Election	Summary
Summary Dispositions
Avail. Disp.	Discharge (730) Suspended Sentence (731(1)(a)) Fine (734) Fine + Probation (731(1)(b)) Jail (718.3, 787) Jail + Probation (731(1)(b)) Jail + Fine (734) Conditional Sentence (742.1)
Maximum	6 months jail or $5,000 fine
References
Offence Elements Sentence Principles Sentence Digests

Legislation

Trespassing at night
177. Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 173.

– CCC

Application

Ranges

• R. v. Stewart, [2004] N.J. No. 278 (P.C.) || 30 days jail for each count || included 3 counts of prowling and other offences
• R. v. Blaisdell, 2001 PESCAD 5 || 30 days jail || included other offences such as 264.1
• R. v. Hawes, 1994 CanLII 4017 (NS CA) || 30 days jail || long prior record