Possess House Breaking Material
Section 114 of the Crimes Act 1900 (NSW) refers to the crime of being armed with intent to commit an indictable offence. This may refer to the possession of house breaking material in which may be capable of being used to commit an offence. In fact, Section 114(b) of the Act states that:
Any person who has in his or her 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, shall be liable to imprisonment for 7 years.
At Benjamin Leonardo – The Defenders, we are leading criminal lawyers based in Parramatta and Sydney. Our highly experienced solicitors have years of knowledge in criminal cases and we are proud to hold a 90% success rate on the cases that represent.
If you, or somebody you know has been charged with possession of house breaking material as per section 114B of the Crimes Act, contact Benjamin Leonardo – The Defenders now for a consultation.
The offence of possessing house breaking materials is seen as a serious criminal offence in the state of NSW. As seen in section 114 of the Crimes Act 1900, the maximum penalty that could be enforced, is 7 years’ imprisonment, should you be found guilty at the District Court. However, this penalty is typically dealt with at the Local Court, in which the maximum penalty is a gaol term of only 2 years.
It is also important to remember that the Court has the discretion to enforce less serious punishments, should it be appropriate. Alternative penalties such as home detention, Intensive Correction Orders (ICOs), fines or Community Service Orders (CSOs) are often more favourable than full time imprisonment and could be imposed upon the Court’s consideration of the crime, personal circumstances and past criminal history. The Court will also typically give less severe penalties of some kind to individuals who have entered a guilty plea. This could include any of alternative punishments mentioned, a reduced gaol term or potentially a section 10 dismissal, whereby no conviction is recorded.
If you are facing the charge of possessing house breaking material, our criminal defence lawyers can provide accurate advice in relation to the penalties your specific case may be facing.
For a consultation, contact Benjamin Leonardo – The Defenders on (02) 9283 3033.
To be found guilty of possessing house breaking materials as per section 114b of the Crimes Act 1900, the prosecution must prove the following beyond a reasonable doubt.
- That you were in possession of an item;
- That the item could be used to enter or drive or enter and drive a safe, house or car; and
- That you had no lawful excuse to have that item in your possession.
If you choose agree and plead guilty to the charges that have been made against you and the prosecution team is able to prove that you did commit the offence, the case will proceed to sentencing, where you will be liable to the maximum penalty of 7 years or any of the other penalties listed above.
While a penalty is likely, it is important to remember that pleading guilty often demonstrates remorse, which is seen favourably in the Court. As a result, it is not uncommon for less impactful penalties to be enforced, however, this is ultimately decided on the nature of the crime, past criminal history and personal circumstances. Our criminal defence lawyers may also be able to negotiate a favourable deal with the prosecution team, provided you enter a guilty plea. We work closely with all the clients we represent and offer honest advice if it is in your best interest to plead guilty or not guilty.
At Benjamin Leonardo – The Defenders, we are some of the best criminal lawyers in Sydney who are proud to hold a 90% success rate on all criminal cases that we have represented.
If you or someone you know is facing charges of possessing housebreaking materials, please do not hesitate to schedule a consultation with our expert criminal defence lawyers to effectively assess your case and accurately advise you on the penalties relative to you.
Alternatively, you have the option to plead not guilty, should you wish to do so. In this instance, a brief of evidence containing all the facts that will be used to convict you of the crime will be provided for examination. As expert criminal defence lawyers, it is our job to thoroughly analyse the evidence in order to provide our clients with accurate and honest advice. Upon consideration of this advice, you have the ability to adhere to your not guilty plea, or plead guilty to the charges if you wish.
It will then be up to the prosecution to prove the allegations beyond a reasonable doubt. If they are successful, a conviction is likely. In order to negate the claims and raise doubt on the evidence provided, our criminal lawyers will raise a necessary defence where appropriate. If our efforts our successful, the charges will either be completely dropped and no conviction will be recorded, or the charges will be downgraded in which lesser penalties usually apply.
As an award winning criminal law firm, Benjamin Leonardo – The Defenders is home to we are some of the Sydney’s best criminal defence lawyers. If we represent your case, may be able to achieve more favourable outcome if we are successfully able to disprove the claims and argue the following defences.
There are many defences that can be used in criminal cases. When appropriate, our Sydney based criminal defence lawyers may use any of the following defences in relation to charges of possessing house breaking materials.
Duress: Encompasses the use of unlawful coercion to persuade a person to partake in an activity they would not usually participate in. This coercion can take form of harmful threats such as death or grievous bodily harm in which the accused believes that if they do not participate in the activity, they can be at risk.
Necessity: Involves circumstances where unlawful activities may become acceptable and justifiable in instance when the accused can prove that they were in imminent danger by either human or natural forces. To prove that acts were a form of necessity, it must be established that the activity was only undertaken in order to avoid particular consequences that are deemed as “irreparable evil”, the individual must holistically believe that they were in a situation of “imminent peril” and that the individual believed they had no other alternatives to avoid the impending threat.
The matter of possessing house breaking material is typically classified as a table offence. This means that majority of the matters will be finalised in the Local Court unless it has been elected by either yourself or the prosecution to be heard at the District Court. If the matter is heard at the Local Court, the maximum penalty is 2 years imprisonment, while matters dealt with at the District Court attract a maximum penalty of 7 years imprisonment.
As a leading criminal defence law firm in Sydney with numerous award wins and a 90% success rate, Benjamin Leonardo – The Defenders possesses the knowledge, experience and dedication to achieve the best possible outcomes, regardless of the Court that your matter is finalised in.
Contact our criminal lawyers now for a confidential consultation.