Canadian Criminal Law/Offences/Prison Breach

Prison Breach Legislation Prison breach 144. Every one who (a) by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or (b) with intent to escape forcibly breaks out of, or makes any breach in, a cell or other place within a prison in which he is confined, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. R.S., c. C-34, s. 132; 1976-77, c. 53, s. 5. CCC Proof of the Offence In addition to the essential elements of time, location, and identity, the Crown should prove: section 144(a) the accused breaks a prison the accused used force or violence the specifically intended to set himself or another person free from prison section 144(b) the accused is confined in a cell or another place in prison the accused uses force to break out of or make breaches in that place of confinement Interpretation Defences Prison Breach