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Possess Housebreaking Implements
The offence of Possess Housebreaking Implements is found in section 114 of the Crimes Act 1900 (NSW) which deems a person guilty if they have in their possession, without lawful excuse, any implement of housebreaking or safe-breaking, or any implement capable of being used to enter or drive or enter and drive a conveyance.
Possess Housebreaking Implements In NSW
The offence of Possessing House Breaking Implements is outlined in section 114(1)(b) of the Crimes Act 1900. According to this statute, individuals found in possession of implements associated with housebreaking or safebreaking, or those capable of entering or driving a vehicle, without a valid excuse, can face severe consequences, including up to seven years of imprisonment.
You could be charged with Possess Housebreaking Implements if you:
- Have a crowbar in your possession without lawful excuse;
- Have pick-pocketing tools without lawful excuse;
- Have a screw driver in your possession without lawful excuse.
What must the prosecution prove?
Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.
The prosecution must prove the following beyond reasonable doubt:
- You were in possession of a housebreaking implement;
- The implement could be used to break into a house or car; and
- You had no lawful excuse to have the item(s) in your possession.
What are the maximum penalties for this offence?
The maximum penalties for Possess housebreaking implements in NSW is:
- Seven years imprisonment.
Potential defenses for the charge of Possessing House Breaking Implements include:
- Denial of possession: Contesting that they were not in possession of the item in question.
- Lack of capability: Asserting that the item in question could not be utilized for breaking into a house or vehicle.
- Lawful excuse: Demonstrating a legitimate reason for possessing the item, such as employment-related needs or recreational purposes.
- Necessity or duress: Arguing that their actions were driven by necessity or coercion.
These defenses can be crucial in challenging the allegations and achieving a favorable outcome in court.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.