Property Offences

Property Offences can be found in the Criminal Code of Canada and usually range between sections 344 – 366 . If you or a loved one has been charged with any of these offences, please contact a lawyer immediately. Like most offences these offences are serious and can result in long term jail sentences.

Being found guilty of these offences will have a serious impact on your life.

Examples of Property Offences:

• Robbery (344)
• Break and Enter (348)
• Unlawfully in a Dwelling (349)
• Possession of Break-in Instruments (351)
• Forceable Entry (74)
• Motor Vehicle Theft (333.1)
• Theft (334)
• Fraudulent Concealment (341)
• Theft and Forgery of a Credit Card (342)
• Possession of Stolen Property (355)
• Obtaining Property by False Pretences (362)
• Forgery (366, 367, 368)
• Counterfeiting (449, 450, 452)
• Breach of Trust (336)
• Fraud (380)
• Fraudulently Obtaining Food (364)
• Taxi Fraud (393)
• Mischief (430)
• Arson(433, 434)
• Unauthorized Use of Computer (342.1)
• Identity Theft (402.2, 403)

A common crime under this heading is being unlawfully in dwelling-house.

Being unlawfully in dwelling-house

349. (1) Every person who, without lawful excuse, the proof of which lies on that person, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

Presumption

(2) For the purposes of proceedings under this section, evidence that an accused, without lawful excuse, entered or was in a dwelling-house is, in the absence of any evidence to the contrary, proof that he entered or was in the dwelling-house with intent to commit an indictable offence therein.

The burden to prove beyond a reasonable doubt against the accused is on the prosecution.

Proof of the Offence

The following should be proven:

• identity of accused
• date and time of incident
• jurisdiction (incl. region and province)
• the accused entered into the premises
• the premises was a dwelling house
• the accused had no justification for entering the premises or permission to enter
• the accused intended to commit an indictable offence (presumed under s. 349(2))