CBC又发了一篇总结文章,需要好律师,否则要坐很多年牢
Break and enter with intent, for example, is punishable by up to life in prison if the target was a residential home. Manufacturing a prohibited firearm could lead to a 14-year sentence.
Resisting arrest, meanwhile, is a more minor offence punishable by a fine or a maximum of two years in prison.
例如,
意图入室盗窃(break and enter with intent),如果目标是住宅,最高可判处终身监禁。制造违禁枪支可能导致最高14年监禁。
与此同时,抗拒逮捕属于较轻的罪行,可被处以罚款或最高两年监禁。
,意图入室盗窃(break and enter with intent),如果目标是住宅,最高可判处终身监禁。
这里有很大的解释空间
In Canada, break and enter with intent is a very serious criminal offence that carries a maximum penalty of life in prison if the target is a residential home (dwelling-house).
Here are the key details regarding this offence under Section 348 of the Criminal Code of Canada:
Definition: The offence occurs when a person breaks and enters a place (including a home, apartment, or cottage) with the intent to commit an indictable offence inside (such as theft or assault).
Life Sentence Potential: Under Section 348(1)(d), if the break and enter is committed in relation to a "dwelling-house," the maximum penalty is life imprisonment.
"Breaking" Defined Broadly: The term "break" does not require physical damage to the property. It includes opening an unlocked door, raising a window, or even entering through a closed but unlocked door.
Non-Residential Property: If the break and enter occurs in a place that is not a home (e.g., a business, shed, or garage), the maximum penalty is 10 years in prison.
Aggravating Factors: If the dwelling-house was occupied at the time, or if violence was used or threatened, it is considered a severe aggravating factor often referred to as a "home invasion".
First-Time Offenders: While life is the maximum, the lowest possible sentence is a suspended sentence with probation, but many convictions still result in jail time, even for first-time offenders. ?
The offence is considered highly serious because it violates the sanctity of a person's home.