Criminal Law: Break and Enter Defence - Non-Dwelling (Indictable Election)

Can I have a preliminary inquiry for this charge?: No. Following amendments via Bill C-75, preliminary inquiries under section 535 are strictly restricted to offences carrying a maximum penalty of 14 years or more. Since the maximum is 10 years, no preliminary inquiry gateway is available.

Jurisdiction: Provincial Court or Superior Court of Justice, subject to the accused's election under section 536(2).

The Process at a Glance: The Crown formally elects by indictment on the record. The Accused must then elect their mode of trial under section 536(2). Counsel prepares the defence strategy, focusing on rebutting the presumption of intent under section 348(2), and proceeds directly to trial preparation without a preliminary inquiry.

Key Legislation and Case Law: Governed by section 348(1)(e) (Non-Dwelling - Indictment), section 536(2) (Election), and section 535 (Preliminary Inquiries) of the Criminal Code.

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This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Criminal Defence process. Utilize these tracking templates to manage your legal cases efficiently.