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Criminal Code

Version of section 348.1 from 2003-01-01 to 2008-04-30:

Marginal note:Aggravating circumstance — home invasion

 If a person is convicted of an offence under any of subsection 279(2) or sections 343, 346 and 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,

  • (a) knew that or was reckless as to whether the dwelling-house was occupied; and

  • (b) used violence or threats of violence to a person or property.

  • 2002, c. 13, s. 15

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