Possess Housebreaking Implements

THE LAW

The offense of Possess House Breaking Implement is contained in section 114(1)(b) of the Crimes Act 1900 (NSW) and states:

“Any person who has in his or her possession, without lawful excuse, any implement of housebreaking or safebreaking, or any implement capable of being used to enter or drive or enter and drive a conveyance”.

The nature and elements of this offence surfaced in R v Reynolds (unrep, 22/08/86, NSWCCA) at 6. In the arguments, it was realized that if the Crown has proved the possession of implements ‘capable’ of being used for housebreaking or such by the accused, it constitutes an offence.

 

MAXIMUM PENALTY

Possess House Breaking Implement can be punished with a prison sentence of up to 2 years (if heard in the Local Court) or up to 7 years (if heard in the District Court).

Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.

 

THE FACTS THAT MUST BE PROVEN

Since Possess House Breaking Implement is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove each of the following matters beyond a reasonable doubt:

  • You held possession of an item;
  • That the item had the strength to break into a house or car; and
  • That the possession of the item has no legal validation.

It is not necessary for the prosecution to establish the intention of the accused that is whether he possessed the implements for the ‘purpose’ of house, safe or conveyance breaking or for committing any specific offence.

 

DEFENCES

While building up a case against Possess Housebreaking implements charges, the following defences can be put up in your favor:

  • You don’t possess the item.
  • The item is not enough to break into a house or car.
  • Proving the possession with a lawful excuse, such as employment or recreational activities.
  • If you were compelled to perform the act under threats, you may be able to argue “Duress”; or
  • If your actions played a significant role in preventing a greater harm from occurring, you may have the defence of – “Necessity”.

 

CHOICES AT LAW OPTIONS

For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:

  1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
  2. At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
  3. Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
  4. Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL & EMPLOYMENT LAWYERS®

There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:

  •  We are always in your corner

At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

  •  We bring about excellent results

Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

  • Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years. 

If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.

 

 

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