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- Criminal Code section 349
§ Being unlawfully in dwelling-house
- Offences Against Rights of Property
- Theft
- Offences Resembling Theft
- Robbery and Extortion
- Criminal Interest Rate
- Breaking and Entering
- Section 348, Breaking and entering with intent, committing offence or breaking out
- Section 349, Being unlawfully in dwelling-house
- Section 351(1), Possession of break-in instrument
- Section 351(2), Disguise with intent
- Section 352, Possession of instruments for breaking into coin-operated or currency exchange devices
- Section 353, Selling, etc., automobile master key
- Section 353.1, Tampering with vehicle identification number
- Possession and Trafficking
- False Pretences
- Forgery and Offences Resembling Forgery
Placeholder.
Being unlawfully in dwelling-house
349. (1) Every person who, without lawful excuse, the proof of which
lies on that person, enters or is in a dwelling-house with intent to
commit an indictable offence in it is guilty of an indictable offence
and liable to imprisonment for a term not exceeding ten years or of
an offence punishable on summary conviction.
Presumption
(2) For the purposes of proceedings under this section, evidence that
an accused, without lawful excuse, entered or was in a dwelling-house
is, in the absence of any evidence to the contrary, proof that he
entered or was in the dwelling-house with intent to commit an
indictable offence therein.
R.S., 1985, c. C-46, s. 349; 1997, c. 18, s. 21.
Entrance
350. For the purposes of sections 348 and 349,
- 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
- a person shall be deemed to have broken and entered if
- he obtained entrance by a threat or an artifice or by collusion
with a person within, or
- 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.