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Criminal Code

Version of section 349 from 2003-01-01 to 2018-12-12:


Marginal note:Being unlawfully in dwelling-house

  •  (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.

  • Marginal note: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.

  • R.S., 1985, c. C-46, s. 349
  • 1997, c. 18, s. 21

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