Jim Snoxall

ROBBERY AND PROPERTY CRIMES

Break N Enter

Break n Enter is commonly called Burglary it is a serious offence. Break is defined as being: (a) To break any part, externally or internally (b) To open anything that is used or intended to be used to close or to cover an internal of external opening. Enter is defined as "a person enters as soon as any part of his body or any part of an instrument that he/she uses is within anything that is being entered."

A separate offence (carrying a lesser penalty) has been committed when a person enters a dwelling house without a lawful reason, with the intent to commit an indictable offence.

If a person possesses housebreaking, vault-breaking, or safe breaking tools for the purpose of breaking into a house, it is considered to be an offence. To color or mask ones face with the intent to commit an indictable offence it is also considered an offence.

Possession of Stolen Goods

It is an offence knowing that all or part of any property or thing was obtained by the commission of an indictable offence.

Robbery

Robbery differs from theft in that it evolves the use of violence, the threat of violence, assault or the use of a weapon.

If the threat of violence is present in a case, the Crown must prove that the victim felt threatened and that there were reasonable and probable grounds for fear. As a guideline, it has been held that phrases such as "empty you're till" or "this is a hold up" implied the threat of violence if the command was not obeyed. Also if the person has in his possession a weapon, that does not imply that a weapon was used but does indicate the threat of violence. An imitation weapon is considered a weapon. The maximum penalty for robbery is life imprisonment.

Arson

Amendments made in 1990 to the Criminal Code expanded the acts that are considered to be arson and the penalties involved as the number of intentional fires and explosions increased.

In Canada, arson makes up 12 percent of all fires killing more then 50 and injuring 500 people each year and property damages exceeding more then $150, 000, 000.

The criminal code defines arson as an intentional or reckless action causing damage by fire or explosion to property.

Penalties are determined by the following reasons:

(1) If the person is aware of property is occupied or if the fire causes bodily harm to another person, the penalty is life imprisonment.

(2) If there is no danger to life, the maximum penalty is 14 years.

(3) If there is intent to commit arson in order to collect on an insurance policy, the maximum penalty is 10 years.

(4) If a fire alarm is set off on purpose, it is considered a hybrid offence and carries a maximum penalty of 2 years if the Crown proceeds by indictment.

False Pretences

Definition - False pretence is a representation of a matter of fact either present of past, made by words or other wise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act upon it.

The Criminal Code states that any one who steals a credit card, forges or falsifies a credit card, has in his possession, uses, or deals in any other way with a credit card, uses a credit card that he knows has been revoked or canceled is considered an offence. It also states that a person who writes a cheque for which insufficient funds are available when the cheque is cashed is guilty of an offence.