Section 346-350

Sections 346–350 complete the graduated house-trespass framework with its most operationally important provisions. 'Lurking' trespass — where the intruder conceals their presence from the occupant — is treated more seriously than open trespass because concealment indicates premeditation, gives the intruder a tactical advantage, and deprives the occupant of the opportunity to seek help or defend themselves. Section 346 (lurking trespass by night) combines two aggravating factors — concealment and darkness — to create an offence carrying up to 5 years. Section 347 (house-breaking) — where entry is gained by breaking through any part of the structure, or by opening a fastened door, window, or other barrier — signals a determined, prepared intruder who planned the intrusion. Section 348 (house-breaking by night) adds the darkness factor, creating a maximum of 3 years for daytime house-breaking and a higher sentence for nighttime. Section 349 addresses house-trespass or house-breaking to commit any imprisonable offence — the purpose elevates the punishment. Section 350 is the apex provision: lurking trespass or house-breaking after preparation to cause hurt, assault, or wrongful restraint — where the intruder came armed or prepared for violence. This provision covers the scenario of the burglar who carries rope (for restraining occupants), a weapon, or knockout drugs — anyone who prepares for the possibility of confronting and subduing occupants faces a dramatically higher sentence than a thief who simply enters and steals.