Mr. J. was charged with break and enter following an incident that took place at his ex-girlfriend’s home in Calgary. Earlier in the evening, Mr. J. had been involved in a fight. It was his belief that the authorities would be attempting to contact him. Given the time of day, he had nowhere to go and thus attended to his ex’s home. He entered the home and woke his ex-girlfriend explaining what had transpired. She was understandably upset and contacted the police. M. J. faced many months in jail if convicted. The matter proceeded to trial on a technical argument. Mr. Wyman argued that the Crown had proven that Mr. J. had broken into the residence, that said, they had failed to show that the client had committed an indictable offence while in the home or had intention to do so. The trial judge agreed with this assessment of the Crown’s case and acquitted our client of all charges on the indictment.