Accused pleaded guilty to break and enter into a dwelling to commit theft. Accused, and two other males, broke into the female complainant’s residence in the middle of the day after ringing the doorbell and knocking on the door. Complainant hid upstairs. $7500 worth of property stolen. Crown sought 6 months jail.

Held: 60 days jail and 12 months probation.

Aggravating circumstances set out in s. 348.1 CC did not apply. The accused did not know, nor was he reckless to, whether the dwelling was occupied. Break and enter occurred mid-day, after doorbell rings, and knocks on the door, went unanswered. “It was rational for the accused to assume no one was home.” Denunciation and deterrence primary objectives in cases of breaking into a private dwelling. However, accused was youthful, pleaded guilty, and had a very difficult upbringing.

K. Lieslar – Defence Counsel