Break and Enter

The imposition of a life sentence for a charge of breaking and entering was considered in R. v. Carvery, 2013 NSSC 144, para 35:

The question for this Court is whether the protection of society requires Mr. Carvery to be supervised until the day he dies.

However, at paragraph 38, the Honourable Justice Kevin Coady notes that:

In the treatise Sentencing, Lexis Nexis 2012 (Ruby, Chan and Hasan) the authors comment on the purpose of maximum sentences at p. 31:
 
The maximum penalties set out in the Criminal Code are intended to give rough guidance respecting parliament’s view of the gravity of the offence.

R. v. Shortt, 2004 BCPC 66, para 20, reflects the view that breaking and entering is a serious charge, particularly if it is committed in a residential property:

He has committed the most serious property crime there is: break and enter of a residence. That is the crime that does have as a maximum a life sentence.

Break and enter charges carry a risk of lengthy jail sentences.
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If you have been accused of breaking and entering, you should get expert representation as soon as possible.

​Call us now for a consultation.

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