Canadian Criminal Sentencing/Cases/Break and Enter

Break and Enter

Private dwelling

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

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

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