INTRODUCTION AND BRIEF DESCRIPTION
This section of the Criminal Code of Canada outlines the punishments for breaking and entering with intent to commit an indictable offense.
SECTION WORDING
348(1) Every one who (a) breaks and enters a place with intent to commit an indictable offence therein, (b) breaks and enters a place and commits an indictable offence therein, or (c) breaks out of a place after (i) committing an indictable offence therein, or (ii) entering the place with intent to commit an indictable offence therein, is guilty (d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and (e) 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.
EXPLANATION
Section 348(1) of the Criminal Code of Canada defines the offence of breaking and entering. This offence is committed when someone unlawfully enters a place with the intention of committing an indictable offence, or enters a place and commits an indictable offence while inside. It also includes breaking out of a place after committing or intending to commit an indictable offence. The severity of the offence depends on whether the place entered is a dwelling-house or another type of building. If it is a dwelling-house, the offence is indictable and the offender is liable to imprisonment for life. If it is any other type of building, the offence is indictable and the offender is liable to imprisonment for a maximum of ten years, or a summary conviction offence. Breaking and entering is a serious offence because it involves violating the security of a person's property and possessions, as well as their sense of safety in their own home. It is considered an indictable offence because it can potentially cause harm to individuals and society as a whole. The purpose of this section is to deter people from committing breaking and entering offences by imposing severe penalties for those convicted. This section serves to protect the safety and security of individuals and the community, and to preserve the integrity of Canadian law.
COMMENTARY
Section 348(1) of the Criminal Code of Canada is a provision that deals with the offence of breaking and entering. It defines the different forms of the offence and specifies the corresponding penalties for each. The provision also distinguishes between the offence committed in relation to a dwelling-house and that committed in relation to a place other than a dwelling-house. The offence of breaking and entering is considered a serious crime in Canada. It involves the act of forcibly entering a place without permission or by deception, with the intent to commit a crime. This could include theft, robbery, or assault. The gravity of the offence is reflected in the penalty that it carries, which could range from imprisonment for a term not exceeding ten years to a life sentence. Section 348(1)(a) defines the offence of breaking and entering with intent to commit an indictable offence. This refers to the act of unlawfully entering a place with the intention of committing a crime that is considered more serious than a summary conviction offence. The intent is the key element of this offence, which means that the Crown must prove beyond a reasonable doubt that the accused intended to commit an indictable offence when they entered the place. Section 348(1)(b) deals with the offence of breaking and entering and committing an indictable offence therein. This offence is committed when an accused enters a place without permission and commits a serious crime such as theft or arson. The offence is distinct from the previous one in that it includes the commission of the indictable offence after the breaking and entering. Section 348(1)(c) deals with the offence of breaking out of a place after committing or intending to commit an indictable offence. This offence is committed when an accused leaves a place after committing a serious crime or attempting to commit one. The act of breaking out is considered an aggravating factor that increases the seriousness of the offence. Section 348(1)(d) provides for a life sentence when the offence is committed in relation to a dwelling-house, which is a place where a person lives or resides. The maximum penalty reflects the importance of protecting the safety and security of people in their homes. The harshness of the penalty makes it clear that the crime is considered extremely serious and will not be tolerated by the Canadian justice system. Section 348(1)(e) provides for a penalty not exceeding ten years for the offence committed in relation to a place other than a dwelling-house. The penalty recognizes that not all places are equally important and that some places may have less value or importance than others. However, the penalty is still significant enough to make the offence a serious crime that could result in a substantial term of imprisonment. In summary, Section 348(1) of the Criminal Code of Canada defines the offence of breaking and entering in different forms and specifies the penalties that correspond to each offence. The provision reflects the seriousness of the crime and the importance of protecting people and their property from unlawful intrusion. The section also recognizes the different degrees of gravity of the offence, which allows for a fair and proportionate application of the law.
STRATEGY
When dealing with Section 348(1) of the Criminal Code of Canada, strategic considerations are of utmost importance. As a criminal defense lawyer, it is important to understand the various elements of this section, including what constitutes a place," break and enter," intent to commit an indictable offense," and the penalties that come with a conviction. There are several strategic considerations that lawyers must keep in mind when dealing with this section. Plea Bargaining One of the most common strategies employed by criminal defense lawyers is to plead down the charges. Pleading down the charges means working out an agreement with the prosecution to reduce the charges and penalties in exchange for a guilty plea. This strategy is especially useful in cases where the evidence against the defendant is strong, and the likelihood of obtaining a favorable outcome at trial is low. In cases involving Section 348(1), plea bargaining can be useful in reducing the penalties associated with a conviction. For example, a skilled attorney may be able to argue that the defendant did not have the intent to commit an indictable offense, which could reduce the charges to a lesser offense. This could lead to a reduction in the period of imprisonment or a lesser fine, which could be beneficial to the defendant. Focus on Evidence In cases involving Section 348(1), strong evidence is crucial to secure a conviction. As such, criminal defense lawyers must focus on gathering and scrutinizing the evidence presented by the prosecution. In particular, the burden of proof lies with the prosecution, meaning they must prove beyond a reasonable doubt that the defendant broke and entered the place with the intent to commit an indictable offense. Defense lawyers can exploit weak points in the prosecution's case, which could lead to the dismissal of charges. For example, the defense could argue that there is no evidence of the defendant's intent to commit an indictable offense at the time of the break-in, or that there was no intention to commit any offense at all. Forensic Evidence Another strategy that can be employed when dealing with Section 348(1) is to focus on forensic evidence. For example, defense lawyers could argue that evidence such as DNA found at the scene of the crime could not be conclusively linked to the defendant. This strategy could make the prosecution's case more difficult, and the defense could, in turn, argue that there is a possibility that someone else committed the offense. In conclusion, dealing with Section 348(1) of the Criminal Code of Canada requires a comprehensive understanding of the law and the various strategies that are available to defense lawyers. Strategies such as plea bargaining, focusing on evidence, and forensic evidence can be highly effective in securing a favorable outcome for the defendant. Working with an experienced defense attorney could be the key to winning your case or achieving a favorable plea agreement.