Our experienced criminal law solicitors have prepared a brief overview of the law relating to possess implements of housebreaking. If you or someone you care about is facing a charge of break and enter, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other similar charges, visit our PROPERTY OFFENCES.
Possessing Implements of Housebreaking – The Law
Section 425 of the Queensland Criminal Code creates the offence.
(1) Any person who is found under any of the circumstances following, that is to say—
(a) being armed with any dangerous or offensive weapon or instrument, or a noxious substance, and being so armed with intent to break or enter a dwelling or premises, and to commit an indictable offence therein;
(b) having in his or her possession anything intended for use in or in connection with the commission of an offence defined in section 419 or 421 ;
(c) having in the person’s possession by night without lawful excuse, the proof of which lies on the person, any instrument of housebreaking;
(d) having in the person’s possession by day any such instrument with intent to commit an indictable offence;
(e) having his or her face masked or blackened or being otherwise disguised, with intent to commit an indictable offence;
is guilty of a crime.
Subsection 425(2) defines a circumstance of aggravation as the accused previously being convicted of a crime relating to property.
Elements of the offence
To be found guilty of the offence of possess implements of house breaking, the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- The accused was found by night, between 9pm and 6am;
- The accused had possession of instruments of house breaking;
- The accused had no lawful excuse.
The maximum penalty for the allegation of possess instruments of house breaking is 3 years imprisonment.
The aggravated offence carries a maximum penalty of 7 years imprisonment.
Jurisdiction – Where will the matter be heard?
The offence is indictable and in most cases will be heard in the District Court.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of fraud. Generally a conviction would not be recorded for a minor first offence for this type of offence, although one is likely for subsequent convictions, or where a circumstance of aggravation is made out.
The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.
This website contains general information about legal matters. The information is not advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.
Liability limited by a scheme approved under professional standards legislation.
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