Canadian Criminal Sentencing/Offences/Trespassing at Night
Trespassing at Night | |
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s. 177 of the Crim. Code | |
Election / Plea | |
Crown Election | Summary |
Summary Dispositions | |
Avail. Disp. | Discharge (730) Suspended Sentence (731(1)(a)) |
Maximum | 6 months jail or $5,000 fine |
References | |
Offence Elements Sentence Principles Sentence Digests | |
Legislation edit
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 edit
Principles edit
Factors edit
Ancillary Orders edit
Ranges edit
- 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