Break and Enter Defence
Break and enter allegations can involve a dwelling, business, vehicle-related structure, or other place. The precise charge may allege entry with intent, committing an indictable offence inside, or breaking out after committing one.
Entry and Intent Are Separate Questions
The Crown must prove identity and the elements of the charged form of the offence. Evidence of presence near a location does not automatically prove entry, intent, or participation in a common plan.
Evidence We Review
- Doorbell, business, traffic, and surveillance video and the quality of identification
- Fingerprints, DNA, footwear, tools, property recovery, and continuity of exhibits
- Phone location, vehicle data, messages, call records, and timing
- Occupancy, permission, mistaken address, lawful access, and ownership evidence
- Accomplice evidence, alleged admissions, possession of property, and alternative suspects
Identification Evidence Needs Care
Lighting, distance, stress, disguise, image quality, and suggestion can affect identification. Forensic evidence must also be placed in context: when and how material was deposited may be disputed.
A Dwelling-House Allegation Is Especially Serious
Consequences depend on the type of place, purpose, property or violence alleged, record, and role. A conviction can affect liberty, employment, immigration, and reputation.
How Broadway Law Prepares the Defence
We test identity and intent separately, examine the forensic chain, reconstruct the timeline, and challenge assumptions about possession or association.
This page provides general information, not legal advice. Every case depends on its facts and the law in force at the relevant time.