section 457(3)

INTRODUCTION AND BRIEF DESCRIPTION

Subsection 457(3) states the punishment for violating subsection (1) of the Criminal Code of Canada.

SECTION WORDING

457(3) A person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 457(3) of the Criminal Code of Canada sets out a specific criminal offence related to the possession of burglary tools. The section states that anyone who contravenes subsection (1) will be guilty of an offence punishable on summary conviction. Subsection 1 of section 457 outlines the actus reus, or prohibited act, that constitutes possession of burglary tools. This includes having in one's possession any instrument or tool that is capable of being used to break and enter into a place with the intent to commit an indictable offence. The Criminal Code of Canada criminalizes possession of burglary tools as it is seen as a preparatory offence, that is, an act that is committed in preparation for the commission of another offence - in this case, breaking and entering. The section acknowledges that possession of such tools creates a risk to public safety, as it implies an intention to commit a break-in or related crime. The offence of possession of burglary tools attracts summary conviction, which is a less severe type of criminal conviction that attracts a maximum penalty of two years imprisonment, a $5,000 fine, or both. However, possession of burglary tools may also be classified as an indictable offence, which is more serious and can attract a penalty of up to 10 years imprisonment. In summary, section 457(3) of the Criminal Code of Canada is an essential tool for law enforcement in addressing and preventing break-ins and other property crimes. It aims to discourage the possession of tools that are commonly used to commit such crimes by imposing criminal consequences on those who possess them in suspicious circumstances.

COMMENTARY

Section 457(3) of the Criminal Code of Canada deals with the offence of breaking and entering a dwelling place. This section is applicable in situations where an individual unlawfully enters someone's home or any other building meant for dwelling purposes with an intent to commit an offence. The offence of breaking and entering a dwelling is a serious criminal offence and carries significant consequences. This is because it involves the violation of one of the most fundamental human rights, namely the right to privacy. People expect their homes to be a place where they can feel safe and secure, and the intrusion of someone else's home, even if it is just for a brief period of time, creates a sense of violation and breach of trust. The penalty for this offence is a summary conviction, which means that it is considered a relatively minor offence. In Canada, summary offences are usually heard in a provincial court and carry a maximum penalty of six months in jail and/or a fine of up to $5,000. However, this is not to say that breaking and entering is not a serious crime. The impact of this type of invasion of privacy can have long-term consequences for the victims and their families. In addition to the penalties listed, there are other collateral consequences of a conviction for breaking and entering. These can include difficulties obtaining employment, housing, and credit as well as immigration and travel restrictions. It is worth noting that subsection (1) of section 457 of the Criminal Code provides an added layer of protection to individuals in their homes by making it an offence to break and enter with the intention of committing an indictable offence (a more serious criminal offence, such as theft). If an individual is convicted of this offence, they can face a maximum sentence of life imprisonment. However, subsection (3) of the same law makes it clear that even if there is no intention to commit an indictable offence, merely breaking and entering a dwelling place is a criminal offence. This adds another layer of deterrence, as it ensures that individuals who invade the privacy of others' homes will still face consequences, even if they did not actually commit a more serious offence. In summary, section 457(3) of the Criminal Code of Canada is an important law that protects the privacy and safety of individuals in their homes. The fact that this offence carries a summary conviction penalty should not be taken to mean that it is a minor offence. Breaking and entering is a serious violation of an individual's privacy, which can have long-term consequences for the victim. As such, it is important for individuals to understand the gravity of their actions and the potential consequences in order to prevent such offences from occurring.

STRATEGY

Section 457(3) of the Criminal Code of Canada covers offences related to breaking and entering a place of business with intent to commit an indictable offence. This section of the Criminal Code is serious and can carry significant consequences if convicted. As such, strategic considerations are needed when dealing with this section of the Criminal Code. One of the most critical strategic considerations when dealing with section 457 of the Criminal Code is to understand the nature of the charges against the accused. The accused should consider their involvement thoroughly and analyze whether they committed any other criminal offences during the commission of the offence. Understanding the specific charges is crucial for developing a strong defence strategy. The next strategic consideration is to ensure that all legal rights and procedures are followed appropriately. This means that the accused should retain the services of an experienced criminal lawyer who can guide them through the criminal justice system. The accused should also ensure that they have access to all the evidence in the case, including witness statements, police reports, and other relevant documents. Another strategy that could be employed when dealing with section 457 is to negotiate a plea deal. This involves working with the prosecutor to negotiate a lesser plea for a reduced sentence. Plea deals may be advisable for certain cases, especially when the prosecution has strong evidence against the accused. One other strategy to consider is hiring a private investigator to gather additional evidence to assist with the accused's defence. Private investigators can often uncover information that may not be readily accessible to the defence team, and this can be used to build a more robust defence case. Finally, the accused must remain calm and composed throughout the legal proceedings. They should never panic, and they should always follow the advice of their criminal lawyer. It is also advisable to avoid discussing the case with anyone, including family and friends, as any statements made could be used against them during the trial. In conclusion, section 457(3) of the Criminal Code of Canada covers serious criminal offences, and the accused must be aware of the strategic considerations when dealing with this section of the Criminal Code. These include understanding the charges, retaining an experienced criminal lawyer, negotiating a plea deal, hiring a private investigator, and remaining calm throughout the legal proceedings. By following these strategies, the accused can build a stronger defence case and achieve the best possible outcome.