Breaking and entering with intent, committing offence or breaking out

348. (1) Every one who

1. breaks and enters a place with intent to commit an indictable offence therein,
2. breaks and enters a place and commits an indictable offence therein, or
3. breaks out of a place after
   1. committing an indictable offence therein, or
   2. entering the place with intent to commit an indictable offence therein,

is guilty

4. if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and
5. if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

Presumptions

(2) For the purposes of proceedings under this section, evidence that an accused

1. broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or
2. broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after
   1. committing an indictable offence therein, or
   2. entering with intent to commit an indictable offence therein.

Definition of "place"

(3) For the purposes of this section and section 351, "place" means

1. a dwelling-house;
2. a building or structure or any part thereof, other than a dwelling-house;
3. a railway vehicle, a vessel, an aircraft or a trailer; or
4. a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.

R.S., 1985, c. C-46, s. 348; R.S., 1985, c. 27 (1st Supp.), s. 47; 1997, c. 18, s. 20.

Definitions

321. In this Part, "break" means

1. to break any part, internal or external, or
2. to open any thing that is used or intended to be used to close or to cover an internal or external opening;

R.S., 1985, c. C-46, s. 321; R.S., 1985, c. 27 (1st Supp.), s. 42.

Entrance

350. For the purposes of sections 348 and 349,

1. a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and
2. a person shall be deemed to have broken and entered if
3. he obtained entrance by a threat or an artifice or by collusion with a person within, or
4. he entered without lawful justification or excuse, the proof of which lies on him, by a permanent or temporary opening.

R.S., c. C-34, s. 308.