What is House-Trespass (Section 329(2) BNS)?

A person commits house-trespass when they commit criminal trespass by entering or remaining in:

• any building, tent, or vessel used as a home,
• any building used as a place of worship, or
• any building used to store or protect property.

Examples of House-Trespass

1) A enters his neighbor’s house while the family is away, intending to steal money.

2) A man enters a temple during prayer hours and disturbs the devotees by shouting insults.

3) A enters a locked warehouse storing goods to damage property.

4) A person is allowed to enter a home for a short visit but refuses to leave, intending to intimidate the occupants.

Essentials (Ingredients) of House-Trespass

House-trespass is an serious form of criminal trespass. To constitute house-trespass, the following elements must exist:

1. Commission of Criminal Trespass

• The accused must first commit criminal trespass, meaning:
  • Entering or remaining in property without permission, and
  • With intent to commit an offence or to intimidate, insult, or annoy the possessor.

2. Entry into Specific Types of Places

The trespass must be into one of the following:

• A building, tent, or vessel used as a human dwelling,
• A place of worship, or
• A building used for the custody or storage of property.