Les éléments constitutifs de l'infraction d'introduction par effraction

R. v. Campeau, 2009 SKCA 4

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[21]  To obtain a conviction on a s. 348(1)(b) charge, the Crown had to prove beyond a reasonable doubt each of the following elements: (i) the identity of the accused as the offender; (ii) the time and place set forth in the indictment; (iii) the accused broke and entered the place identified in the indictment; (iv) the accused intended to break and enter the place identified in the indictment; and, (v) the accused committed the indictable offence specified in the indictment at the referenced place. Although the first four elements of a s. 348(1)(a) offence are identical to those for a s. 348(1)(b) offence, its fifth element differs to the extent it only requires that the accused have an intention to commit an indictable offence, while the fifth element of a s. 348(1)(b) offence requires the accused to have committed the indictable offence specified in the indictment, in this case an assault.