Possess housebreaking implements is an overused and unfair criminal offence because it often used against people with no intention to break into homes and otherwise going about their private, personal business. Our criminal lawyers are experts at beating this offence. We successfully argue that implements such as bolt cutters, a torch, screwdrivers and jemmy bars are possessed with lawful reason and have charges against our clients dismissed.
If you intend to plead guilty, our criminal lawyers have a proven track record of not only keeping our clients out of jail but also in some cases having no conviction recorded.
How do I beat a charge of possess housebreaking implements?
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)
- You did not have a lawful reason for possessing the implement/s.
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. The onus is upon you to prove on the balance of probabilities that you were in possession of the implement for a lawful purpose.
Pleading guilty to 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. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. It may also 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 two years imprisonment in the Local Court and seven years imprisonment in the District Court. 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.
You can read about all the sentencing options that a court has, including having no conviction recorded.
Do I need references when going to court?
We believe references are an extremely important part of a plea of guilty in court. Read more about how to write a good reference.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Possess housebreaking implements offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.
Mr Correy represented a man charged with supply of 32g of cocaine, larceny (stealing of $5,000, and possessing housebreaking implements), after he stole a safe from a drug dealer and broke into it. Mr Correy successfully argued his client was a drug user who had opportunistically ripped off another criminal, putting himself in danger to feed his habit. The judge agreed and did not send Mr Correy’s client to jail.
Australian Criminal Law Group represented a client charged with possessing housebreaking implements after he was stopped by police with a torch and screwdriver in the middle of the night. Our solicitor successfully argued that our client was stopped near his house and was a tradesperson who had lawful excuse to possess the implements in the circumstances. He was moving tools from his car to home to do some late-night work on the house. The magistrate accepted our client had a lawful excuse for possessing the implements, and found our client not guilty.