Possess Housebreaking Implements

Our expert criminal lawyers for possessing housebreaking implements can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Possess housebreaking implements 

Possess housebreaking implements is an overused and unfair criminal offence as it is frequently used against people who had 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 possessing housebreaking implements? 

You will be found not guilty of the offence of possess housebreaking implements if the police cannot prove beyond a reasonable doubt:

1. You had in your possession an implement capable of:
   • Housebreaking; or
   • Safe breaking; or
   • Being used to enter and/or drive a conveyance (car)
2. You did not have a lawful reason for possessing the implement/s. 

The police do not need to prove that you intended to use the implement for housebreaking or that you possessed it for that purpose. It is enough for the prosecution to establish that the item was capable of being used in that way. 

The burden then shifts to you to prove, on the balance of probabilities, that yoy possessed the implement for a lawful purpose. 

Pleading not guilty 

You may have grounds to plead not guilty, particularly where:

• you had a lawful reason for possessing the implement;
• the item was not capable of being used for housebreaking, safe breaking, or entering a conveyance;
• the police unlawfully searched or stopped you;
• the prosecution cannot prove possession; or
• The prosecution’s evidence is unreliable or insufficient.

We regularly defend clients charged with possessing items such as screwdrivers, torches, bolt cutters, gloves, and other tools that are commonly used for legitimate work or personal purposes. 

You can read more information about pleading not guilty here.

Pleading guilty 

If you plead guilty, the focus becomes achieving the most lenient outcome possible. We can help by:

• Preparing character references.
• Demonstrating remorse.
• Negotiating with prosecutors for you to plead guilty to less serious facts or a less serious charge.
• Addressing any drug, alcohol, or mental health issues.

You can read more about pleading guilty here.

Bail

If you are refused bail, our criminal lawyers can assist you in obtaining bail for your break-and-enter charge.

You can read a fifteen-step guide to obtaining bail here.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian Criminal Law Group

Our criminal lawyers, with 500+ five-star Google reviews, can beat your possession of house-breaking implements charge or obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.

Not guilty – Context and circumstances considered

Our lawyer represented a man charged with the 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. Our lawyer successfully argued his client was a drug user who had opportunistically ripped off another criminal, putting himself in danger to feed his addiction. The judge agreed and did not send our client to jail. 

No jail – Lawful excuse established 

Our lawyer 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.