The offence of Possess housebreaking implements is found at section 114 of the Crimes Act 1900.
Possess housebreaking implements is a serious criminal offence that a person had a lawful excuse for possessing the implements.
If you are charged with the offence of Possess housebreaking implements, your options will normally be to plead guilty or not guilty.
Pleading not guilty
You will be found not guilty of the offence of Possess housebreaking implements if the police cannot prove beyond reasonable doubt:
- You had in your possession an implement capable of:
- Housebreaking; or
- Safe breaking; or
- Being used to enter and/or drive a conveyance (car).
Possession of an implement connotes an actual, physical possession and not a constructive one although implements in the physical possession of one person may be held jointly with other persons unless they were ignorant of their existence.
It is unnecessary for the police to prove that you intended to use the implement for housebreaking or that you had them in your possession for that purpose, it is sufficient that the police prove that the implement was capable of being used for that purpose and then the onus is upon you to prove on the balance of probabilities that you were in possession of the implement for a lawful purpose.
Where the implements were bolt cutters, a torch, screwdrivers and jemmy bars. The circumstances in which a particular implement has been found by the police are relevant to the question whether the implement is rightly to be categorised as a housebreaking implement.
If the police are able to prove the above elements beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:
Contact our offices in Sydney or Blacktown to organise a time for one of our criminal lawyers to advise you of your prospects of successfully defending the charge of Possess housebreaking implements.
If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on sentence and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
Possess housebreaking implements carries a maximum penalty of 2 years imprisonment in the Local Court and 7 years imprisonment in the District Court. However, these maximum penalties are typically reserved for the worst offenders. Possess housebreaking implements is a serious criminal offence and if you are charged with it then you should contact our office immediately.
Penalties that a court can impose in NSW are: