Legal Project Management Plan & Checklist
How to defend a Break and Enter charge involving a non-dwelling when the Crown elects by indictment.
What is the penalty for indictable non-dwelling break and enter?: Under section 348(1)(e) of the Criminal Code, if the Crown elects to proceed by indictment for breaking into a place other than a dwelling-house, the maximum penalty is 10 years imprisonment.
Is there a limitation period for indictable break and enter?: No. Because the Crown has elected to proceed by indictment, there is no statutory limitation period. The 12-month limit under section 786(2) only applies to summary conviction proceedings.
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.
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