Juan's Case — Break and Enter — Police Report

Client:  Juan, Accused
Complainant:  caretaker of commercial building
Charge:  Break and Enter, Criminal Code, s. 348(1)

Police Report:  At 2:20 p.m., on the 21st of April 2003, police responded to a break and enter call at 2*** John Street, Unit #2**, in the Town of Markham.

The witness, who is a caretaker of the property, advised that at 1:15 p.m., he was approached by an Asian male, in the rear of the complex, and asked if he could gain access through the back doors as he was here on business. The caretaker refused access and directed him to the front entrance.

Upon attending the front entrance, the caretaker could not locate the male party and went about his business on the third floor of the complex.

Approximately 15 minutes later, the caretaker was drawn to unit #2** after hearing drilling noises coming from the premise. The caretaker advised that unit #2** was left unlocked, as it is being shown to potential renters frequently throughout the day and that there was no scheduled maintenance for this unit.

Upon entering the unit, the caretaker observed the male Asian attempting to unscrew one of the light fixtures on the wall and also observed that each of the light bulbs from the light fixtures had been taken. The caretaker observed the male party with an orange Black and Decker drill.

The caretaker confronted the male party, who advised that his agency had sent him to gather the light fixtures. The male party stated a couple of names and did not appear to be rattled at all in the presence of the caretaker.

The male party then left the premise and went to his vehicle and returned with the numerous light bulbs and replaced them in the light fixtures.

The male party then exited the premises and left in a yellow Mazda with Ontario marker A*** 6**, and left in an unknown direction. Information on the vehicle and registered government owner was unable to be obtained, as paris was down at the time of this report.

The caretaker advised that the last renters of the premise was P*** Company, who left for a new location approximately one year ago.

Soco attended for prints.

Submitted by Police Constable G***, #1***.

The reporting Officer was able to obtain suspect information from the plate given by the caretaker. The plate matched all descriptors given to police.

Police attended the suspect's address of 7* Bellamy Street in Richmond Hill and spoke with the suspect's wife. Once advised of the situation, she informed police that her husband had a company on the side, and he was looking for warehouse space in the Woodbine and Steelcase area, but she was not sure of the exact location. She further advised that he did have an agent, and did have paperwork available; however, she could not recall the agent's name or information.

The reporting Officer provided the wife with a business card and instructed her to get her husband to call him at his earliest convenience on the 22nd of April 2003.

The investigation will be continued by Police Constable G***, #1***.

On the 22nd of April 2003, at approximately 1:35 p.m., the suspect contacted the reporting Officer and agreed to meet at 5 District to discuss the incident.

At 2:35 p.m. the suspect attended 5 District where he was cautioned and admitted to having been at 2*** John Street, Unit #2**, Markham on the 21st of April 2003. The suspect further advised that he had attempted to steal a number of light fixtures from the wall of the premise.

At 2:38 p.m., Police Constable M***, #1***, placed the suspect under arrest for Break and Enter Commit Theft contrary to 348(1) of the Criminal Code of Canada. The Accused was escorted to CIB room interview number 1 and offered duty counsel to which he declined.

At 2:57 p.m., the Accused provided the reporting Officer with a written statement regarding the incident to which he admitted to breaking and entering the premise and stealing the light fixtures. The statement concluded at 3:21 p.m.

The Accused was released on a Form 10 and is to appear in Court on the 27th of May 2003 to answer to his charges.

Submitted by Police Constable G***, #1***.

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