While patrolling a commercial property, a security guard discovers a broken window and finds an individual inside who appears to be removing items. The individual notices the guard and drops the items, then attempts to exit through the broken window. Which of the following best describes the offence the individual has likely committed?

Question: While patrolling a commercial property, a security guard discovers a broken window and finds an individual inside who appears to be removing items. The individual notices the guard and drops the items, then attempts to exit through the broken window. Which of the following best describes the offence the individual has likely committed?

Answer options:

• Theft over $5000
• Mischief under $5000 ✅ Breaking and entering with intent
• Trespassing at night

Correct answer: Breaking and entering with intent

Explanation: Section 348(1) of the Criminal Code defines breaking and entering. The act of breaking (the broken window) and entering a place, with the intent to commit an indictable offence therein (such as theft), constitutes breaking and entering with intent.