BREAK-IN (HOUSEBREAKING)
Break-ins, whether to home or business, including storerooms or garages involve the crime known as housebreaking (or breaking and entering).
It consists in unlawfully and intentionally breaking into and entering a building or structure with the intention of committing some crime inside the structure or building. This is usually but not invariably theft. In some instances the intention may be to commit rape or other crimes. The elements of the crime are the following: (a) breaking and (b) entering (c) a building or structure (d) unlawfully and (e) intentionally. The “breaking” consists of the removal or displacement of any obstacle which bars entry to the house or structure. It has been held by the court that it is not necessary that the obstruction had to be of an immovable nature. The mere moving of blinds in an open window in gaining access to a house was sufficient to constitute house breaking. To push open a partially closed door or window will amount to “breaking” into the property.
The category "attempted break-in" is possibly a legal misnomer but demographically it is an important one. This must,however, involve some form of preparatory action such as the villain bending a burglar bar or opening a partially closed window, and not merely looking through a window.