INTRODUCTION AND BRIEF DESCRIPTION

The definition of break in Part IV of the Criminal Code of Canada.

SECTION WORDING

321 In this Part, "break" means (a) to break any part, internal or external, or (b) to open any thing that is used or intended to be used to close or to cover an internal or external opening.

EXPLANATION

Section 321 of the Criminal Code of Canada defines the term break" as it pertains to Part IX, or Offences Against Rights of Property." This section is important because it helps to establish a clear definition of the types of actions that constitute breaking into or entering a property without permission. The first part of the definition states that break" refers to any type of damage or destruction to any internal or external part of a property. This includes things like windows, doors, locks, and walls. Any type of physical damage to a property with the intent of gaining unauthorized access would be considered breaking and is therefore a criminal offence. The second part of the definition specifies that break" can also refer to opening any object that is used to close or cover an internal or external opening. This includes things like safes, cabinets, and drawers that are intended to restrict access to the contents inside. Any type of forced entry into these objects, regardless of the methods used, would be considered breaking. This definition is important because it clarifies the types of actions that constitute breaking. It also sets the stage for other sections of the Criminal Code that establish breaking and entering as a specific offence with associated penalties. Breaking and entering is a serious crime that can result in significant consequences, including imprisonment and fines. By clearly defining the term break" in Section 321, the Criminal Code of Canada provides a foundation for the legal system to properly prosecute individuals who engage in this type of criminal activity.

COMMENTARY

Section 321 of the Criminal Code of Canada provides a definition for the term "break" within Part IX of the Code, which relates to offences against property. This definition is critical in understanding and applying many of the offence provisions within Part IX, including those related to break and enter, mischief, and theft. The definition of "break" in Section 321 is broad and covers two distinct actions. First, it includes breaking any part of a thing, whether internal or external. This means that damaging or destroying any part of an item, whether it be a window, door, lock, or other structure, can be considered a "break," regardless of whether it is on the inside or outside of the object. Second, the definition includes opening anything that is intended to close or cover an internal or external opening. This means that opening a door, window, gate, or other opening mechanism with the intent to access a space can also constitute a "break," even if no physical damage is done to the object. The definition of "break" is critical in the application of many offences in Part IX of the Code. For example, the offence of break and enter requires that an accused person break into a building or structure with the intent to commit an offence therein. This offence can be committed by physically breaking a part of the structure, but it can also be committed by opening a locked door or window with the intent to enter. Similarly, the offence of mischief involves the intentional destruction or damage of property, including by breaking any part of it. The definition of "break" is relevant here because it includes both internal and external parts, meaning that breaking an internal component of a machine or electronic device can also be considered mischief. The definition of "break" is also relevant in the context of theft. Specifically, the offence of theft requires that the accused person take another person's property without permission and with the intent to deprive them of it. A "break" can be used to facilitate theft, such as by breaking into a house to steal items inside. Overall, Section 321 of the Criminal Code of Canada provides a broad and useful definition of the term "break" that is critical to understanding and applying many offences in Part IX of the Code. By including both physical damage to an object and the opening of a closed or covered opening, the definition ensures that a range of conduct can be captured under the offence provisions of the Code.

STRATEGY

Section 321 of the Criminal Code of Canada sets out the definition of "break" in relation to offences involving property. This section is an essential provision in the Criminal Code, and its interpretation and application are crucial for prosecutors, defence lawyers, judges, and police officers in criminal cases related to property crimes. In this essay, we will explore some strategic considerations when dealing with this section of the Criminal Code, and some strategies that could be employed by the parties involved. One of the main strategic considerations when dealing with Section 321 is to understand its scope and limitations. The section defines "break" as either breaking any internal or external part or opening anything that is used or intended to close or cover an internal or external opening. This definition encompasses a wide range of actions, from physically breaking a window to unlocking a door that was intended to be closed. However, there are limitations to this definition, and courts have interpreted it in different ways. For instance, the courts have held that twisting a doorknob is not a "break" because it does not entail any damage to the door or the frame. Understanding these limitations is crucial to determine whether a particular action constitutes a break or not. Another strategic consideration is the mental element required for an offence under Section 321. To be guilty of an offence under this section, the accused must have intended to commit an indictable offence. This means that they must have had the intention to steal, commit an assault, or cause damage to the property. However, the mental element required for Section 321 is lower than the mental element required for the underlying offence. For example, an accused could be found guilty of breaking and entering under Section 321 even if they did not intend to steal anything from the premises. This is because the intention to commit an indictable offence is inferred from the act of breaking. In light of these strategic considerations, here are some strategies that could be employed when dealing with Section 321: 1. Evidence gathering: In order to prove an offence under Section 321, the crown will need to prove that the accused intended to commit an indictable offence. This can be challenging, and requires a careful analysis of the evidence. For example, evidence of the accused's conduct prior to the alleged offence, such as carrying tools, wearing gloves, or casing the neighbourhood, could be relevant to infer their intention. 2. Plea bargaining: Given the broad scope of Section 321, there may be situations where a plea bargain could be an effective strategy. For example, a defendant may be charged with breaking and entering under Section 321, but may be willing to plead guilty to a lesser offence, such as mischief, if the crown agrees to drop the more serious charge. 3. Defences: There are several defences that are available in relation to Section 321. For instance, an accused could argue that they did not break anything or that they did not have the intention to commit an indictable offence. Another possible defence is consent, where the owner of the property agrees to the accused's entry. 4. Sentencing: When it comes to sentencing, there are several factors that the court will consider, including the accused's prior record, the level of planning involved in the offence, and the extent of the damage caused. The defence could argue for a lenient sentence based on mitigating factors such as remorse, rehabilitation, or mental illness. In conclusion, Section 321 of the Criminal Code of Canada is a crucial provision that defines the concept of "break" in relation to property offences. Its interpretation and application require a careful analysis of the evidence and an understanding of the mental element required for the offence. There are several strategic considerations and possible strategies that can be employed by the parties involved. Understanding these considerations and strategies is essential for effective advocacy in criminal cases involving property crimes.