Robbery Offences – NSW
Welcome to the NSW Possess house breaking implements article page. Everything you need to know about Possess house breaking implements according to NSW law – Dated: 01/09/2009
What the Law States according to NSW Law for Possess house breaking implements
According to NSW Law for the charge of Possess house breaking implements,
On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:
|Law Part||Short Description|
|610||Possess housebreaking implements-T2|
|609||Possess implements to enter/drive conveyance-T2|
|611||Possess safebreaking implements-T2|
The Maximum Penalty – Possess house breaking implements
According to NSW Law for the charge of Possess house breaking implements:
The maximum penalty for the charge of possess housebreaking implements (Section 114[b] of the Crimes Act) is 7 years imprisonment.
In NSW, a court can impose any of the following penalties for a Possess house breaking implements charge.
- Section 10: Possess house breaking implements proven but dismissed
- Good behaviour bond
- Community service order (CSO)
- Suspended sentence
- Intensive correction order (previously periodic detention)
- Home detention
- Prison sentence
You’ll find a brief description of each of these penalties at the bottom of this page.
Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of possess housebreaking implements, if heard in the Local Court, is likely to be a community service order for a period of 100 hours.
For first time offenders the likely penalty is a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.
If the matter is finalised in the District Court the likely penalty is imprisonment for a period of 18 months.
What the Police must prove according to NSW Law for Possess house breaking implements
To convict you of a possess housebreaking implements charge, the police must prove each of the following matters beyond a reasonable doubt:
- You had in your possession an implement capable of house breaking or safe breaking or being used to enter and / or drive a motor vehicle
They will also need to prove that you were the person who committed the possess housebreaking implements offence.
Possible Defences under NSW Law – Possess house breaking implements
Possible defences to a Possess house breaking implements charge include but are not limited to:
- Self Defence
In NSW which court will hear the matter – Possess house breaking implements
This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
Section 10 for a Possess house breaking implements charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.
Fines for a Possess house breaking implements charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.
Good behaviour bond for a Possess house breaking implements charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.
Community service order for a Possess house breaking implements charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.
Suspended sentence for a Possess house breaking implements charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.
Periodic detention for a Possess house breaking implements charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.
Intensive correction order for a Possess house breaking implements charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.
Jail for a Possess house breaking implements charge: This is the most serious penalty for the charge of Possess house breaking implements and involves full time detention in a correctional facility.