Canadian Criminal Sentencing/Offences/Trespassing at Night

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;
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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

Principles

Factors

Ancillary Orders

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