Canadian Criminal Sentencing/Cases/Break and Enter

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Break and Enter[edit]

Private 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