Chapter 28

BURGLARY, HOUSEBREAKING AND SIMILAR OFFENCES.

294. Definition of breaking and entering.

(1) A person who breaks any part of a building, whether external or internal, or opens by unlocking, pulling, pushing, lifting or any other means any door, window, shutter, cellar flap or other thing, intended to close or cover an opening in a building, or an opening giving passage from one part of a building to another, is deemed to break the building.

(2) A person is deemed to enter a building as soon as any part of his or her body or any part of any instrument used by him or her is within the building.

(3) A person who obtains entrance into a building by means of any threat or artifice used for that purpose, or by collusion with any person in the building, or who enters any chimney or other aperture of the building permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the building.

295. Housebreaking and burglary.

(1) Any person who— (a) breaks and enters any building, tent or vessel used as a human dwelling with intent to commit a felony in it; or

(b) having entered any building, tent or vessel used as a human dwelling with intent to commit a felony in it, or having committed a felony in any such building, tent or vessel, breaks out of it, commits the felony termed housebreaking and is liable to imprisonment for seven years.

(2) If the offence is committed in the night, it is termed burglary, and the offender is liable to imprisonment for ten years.

296. Entering dwelling house with intent to commit felony.

(1) Any person who enters or is in any building, tent or vessel used as a human dwelling with intent to commit a felony in it commits a felony and is liable to imprisonment for five years.

(2) If the offence is committed in the night, the offender is liable to imprisonment for seven years.

297. Breaking into building and committing felony.

Any person who— (a) breaks and enters a schoolhouse, shop, warehouse, store, office or counting house or a building which is adjacent to a dwelling house and occupied with it but is no part of it, or any building used as a place of worship, and commits a felony in it; or

(b) having committed a felony in a schoolhouse, shop, warehouse, store, office or counting house or in any such other building as mentioned in paragraph (a), breaks out of the building, commits a felony and is liable to imprisonment for seven years.

298. Breaking into building with intent to commit felony.

Any person who breaks and enters a schoolhouse, shop, warehouse, store, office or counting house, or a building which is adjacent to a dwelling house and occupied with it but is no part of it, or any building used as a place of worship, with intent to commit a felony in it, commits a felony and is liable to imprisonment for five years.

299. Penalty in case of breaking, etc. by armed persons.

When a person committing or attempting to commit an offence under section 295, 296, 297 or 298 is at the time of committing or attempting to commit such offence armed with a dangerous or offensive weapon, he or she is liable to imprisonment for fourteen years.

300. Persons found, etc. with intent to commit felony.

(1) Any person who is found—

(a) armed with any dangerous or offensive weapon or instrument, and being so armed, with intent to break or enter any building, structure or curtilage and to commit a felony in it;

(b) having in his or her possession without lawful excuse, the proof of which lies on him or her, any housebreaking instrument;

(d) in any building, structure or curtilage by night with intent to commit a felony in it;

(e) in any building, structure or curtilage by day with intent to commit a felony in it, and having taken precautions to conceal his or her presence;

(f) by night wandering or moving about by whatever means and being armed with a dangerous or offensive weapon without lawful excuse, the proof of which lies on him or her, commits an offence and is liable on conviction to imprisonment for seven years.

(2) Where a person who has been previously convicted of a felony relating to property is convicted of an offence under this section, he or she shall be liable on conviction to imprisonment for ten years.

301. Persons found loitering, etc. with intent.

(1) Where three or more persons are found loitering, wandering, moving about or concealing themselves, while any of them is armed with an article to which this section applies, with the intention of committing an offence relating to property or an offence against the person, every such person commits a felony and is liable to imprisonment for seven years.

(2) In a prosecution for an offence under this section, proof that the accused was so found and so armed shall be sufficient evidence that the accused had an intention to commit an offence relating to property or an offence against the person unless the accused gives an explanation of his or her conduct which satisfies the court that he or she had no such intention.

(3) This section applies to a dangerous or offensive weapon, an imitation firearm or a housebreaking instrument.

302. Criminal trespass.

Any person who— (a) enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person; or

(b) having lawfully entered into or upon such property remains there with intent thereby to intimidate, insult or annoy any person or with intent to commit any offence, commits the misdemeanour termed criminal trespass and is liable to imprisonment for one year.

303. Forfeiture.

When any person is convicted of an offence under this Chapter, the court may order that any dangerous or offensive weapon or instrument of housebreaking carried or used in connection with any such offence shall be forfeited to the Government

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