Possess House Breaking Implements – s 114 Crimes Act (NSW)

Charged with possessing house breaking implements is stressful, and possibly life changing. Our criminal defence lawyers specialise in house breaking implement charges with over 20 years experience. They have successfully secured not guilty verdicts, and convinced police to drop charges early, on countless occasions over the years.

Your Options in Court

You can only be guilty of possessing house breaking implements if police can prove both of the following elements of the offence, beyond reasonable doubt:

  • You had possession of an implement; and
  • That implement is either a housebreaking implement, or safe breaking implement, or an implement being used to enter and/or drive a vehicle.

Your charge will be dismissed, and you will be not guilty, if police are unable to prove each of the above 2 elements of the charge in court.

A ‘house breaking implement’ is an item capable of being used to break into a house. i.e. bolt cutters, torch or screw driver.

Defences to this charge

You will be Not Guilty if:

  • You had no knowledge of the implement, or if you did, you didn’t have any control or custody of it. i.e. where the implement was found in an area shared by others.
  • You were in possession of the implement for a lawful purpose. i.e. where the implement is something commonly used by you as part of your work
  • Duress or Necessity: Where you had possession of it due to threats or coercion, or you had it to prevent yourself or another from serious harm.
  • Self defence.

You will be found not guilty, and this charge dismissed if any one of the above defences to this offence apply to your case.

Our highly respected senior lawyers have a proven track record in successfully convincing police to drop charges early, and proving their clients innocence, with over 20 years experience in specialising in this. Speak to a senior lawyer now for guidance on how to strengthen your best defence early.

If you decide to plead guilty to an offence of possessing a house breaking implement, see the following important tips on the best way to prepare and present your case, in maximising your chances at getting the best possible outcome in court.

25% Discount on punishment

You will get a discount of up to 25% off your punishment simply by pleading guilty at the earliest time in your case. This results in a much more lenient outcome.

As this discount reduces in time the later you plead guilty, it is highly advisable to speak to an experienced lawyer as early as possible.

Good character references

Gathering letters from family, friends, colleagues, charity, and apology letter from you, all for the Judge to read, can allow the court to give you further leniency in the outcome.

Each letter should comment on your good character, insight, remorse and embarrassment for maximum effect. Our senior lawyers will guide you in this process.

Negotiate to drop charges

You can maximise your chances at getting this charge dropped early, often achieved by our senior lawyers by carefully analysing the police evidence, picking out all the holes in it, and then using this tactfully when negotiating with police to drop charges.

Our lawyers specialise in this, and have a strong reputation and track record for getting charges dropped early.

Negotiate facts

The police set of facts are initially drafted by police, expressing your plea of guilty, and the details of your offending conduct. As such, it can be an inaccurate and unfair reflection of what you did. For the Judge reading it, this can result in a heavier punishment.

By pointing the holes in the evidence, the police can be convinced to change the set of facts to reflect you in a much more favourable light. This often results in a much better result with a more lenient outcome.

Psychologist reports

Getting a strong court report from an experienced psychologist or psychiatrist expert, for the Judge to read, can significantly improve your court result getting you a much lighter outcome.

For best results, the report should comment on any mental condition at the time, remorse, insight, shame and explanation. Our senior lawyers will select the best suited expert for you.

Maximum penalty

The maximum punishment for an offence of possessing house breaking implements is a term of imprisonment of up to 7 years if dealt with in the District Court. It is a maximum of up to 1 year imprisonment and/or fine up to $5,500 if dealt with in the Local Court.

Those maximum punishments are only handed to the most serious cases, and rarely given.

Types of penalties

The Judge will give you any one of the following types of punishment, depending on your preparation and way your case is presented:

  1. Section 10 Dismissal
  2. Conditional Release Order
  3. Fine
  4. Community Correction Order
  5. Intensive Correction Order
  6. Full Time Imprisonment 

Speak to an experienced criminal defence lawyer for maximising your chances at getting the best possible result for your offence of possessing house breaking implements. Our senior lawyers are considered leaders in this field, with over 20 years experience of exceptional results.