< Canadian Criminal Sentencing < Offences
| Trespassing at Night | |
|---|---|
| s. 177 of the Crim. Code | |
| Election / Plea | |
| Crown Election | Summary |
| Summary Dispositions | |
| Avail. Disp. | Discharge (730) Suspended Sentence (731(1)(a)) |
| Maximum | 6 months jail or $5,000 fine |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation
Trespassing at night
177. Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 173.
– CCC
Application
Principles
Factors
Ancillary Orders
Ranges
- R. v. Stewart, [2004] N.J. No. 278 (P.C.) || 30 days jail for each count || included 3 counts of prowling and other offences
- R. v. Blaisdell, 2001 PESCAD 5 || 30 days jail || included other offences such as 264.1
- R. v. Hawes, 1994 CanLII 4017 (NS CA) || 30 days jail || long prior record
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