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.
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.
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:
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.
While building up a case against Possess Housebreaking implements charges, the following defences can be put up in your favor:
For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:
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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with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.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.
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.