Possess House Breaking Implements

Best Possess House Breaking Implements Lawyers

Our specialist Possess housebreaking implements lawyers have significant experience in fighting these charges. Our strategic approach has seen countless clients found ‘not guilty’ as well as many avoid jail sentences when they plead guilty.

Contact us now to speak to our accredited specialist criminal lawyer who can immediately advise you of any defences that may be open to you.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Possess Housebreaking Implements?

  Section 114 of the Crimes Act 1900 (NSW) sets out that a person who has custody of housebreaking items, without a lawful excuse, can be guilty of an offence.

  Possess housebreaking implements is a Table 2 offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless the prosecution elects to deal with it in the District Court.

   

  How Do You Beat a Possess Housebreaking Implements Charge?

  You can fight a Possess housebreaking implements charge in two ways. Firstly, the prosecution must prove each of the following beyond reasonable doubt:

  • 1. You had possession of an implement; and
    2. That implement is either a housebreaking implement, or safe breaking implement, or an implement being used to enter and/or drive a vehicle.

   

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

  It is important to be aware that the implements only need to be “capable” of being used for housebreaking (R v Pierpoint (1993) 71 A Crim R 187).

  The Crown do not have to prove that you had the implements for the purpose of breaking into a house, safe or vehicle.

   

  What is a ‘Housebreaking Implement’?

  A ‘house breaking implement’ is an item capable of being used to break into a house. i.e. bolt cutters, torch or screw driver.

   

  What are the Defences to Possess Housebreaking Implements?

  The following defences to Possessing house breaking implements apply:

  1. Exclusive possession: If the implement was found in an area shared by others. An example may be in the common are of a share house or a vehicle used by multiple persons.
  2. Lawful excuse: You had a lawful reason for possessing the implement. Most commonly this is if you require the implement as part of your job
  3. Duress: You were forced to commit the offence
  4. Necessity: You needed to commit the offence

   

  Contact us now to speak to our accredited specialist criminal lawyer. He can quickly assess your case and determine whether there are any defences that apply to you.

• PLEADING GUILTY

  Before pleading guilty, you should obtain advice from an experienced criminal lawyer. It is very difficult to change your plea of ‘guilty’ once you have entered it.

  If you have taken advice, you will then need to prepare for sentencing. You can refer to our general guide. However, you will need to speak to specialist Possess housebreaking implements solicitor for representation in Court and advice specific to your case.

   

  What is the Penalty for Possess Housebreaking Implements?

  The maximum penalty for Possessing house breaking implements is 7 years imprisonment if your case is heard in the District Court.

  If your case is heard in the Local Court, the maximum penalty is 2 years imprisonment.

  The maximum fine is $5,500 if the value of the items is over $2,000.

  The maximum fine is $2,200 if the value of the items is under $2,000.

   

  What are the Possible Sentences for Possess Housebreaking Implements?

  The below list sets out the sentencing options the Court has for a charge of Possess Housebreaking Implements:

  1. Section 10 dismissal
  2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Home Detention Order (no longer used in NSW)
  8. Full Time Imprisonment

  Will You Go to Jail for Possessing Housebreaking Implements?

  Of the 104 cases heard in the Local Court over the last 5 years, only 1% of people received no conviction for Possess housebreaking implements. By contrast, over 40% of sentences were some form of imprisonment. Almost 30% of offenders were sentenced to full-time imprisonment. The remaining offenders all received convictions.

  As you can see, avoiding gaol is very difficult. Thirty times as many people are sentenced to jail than receive a Section 10 dismissal. As such, if you wish to avoid jail, you should consult one of our specialist criminal defence solicitors for Possess housebreaking implements.