What Does It Mean to Possess House Breaking Implements?

Under Section 114 of the Crimes Act 1900 (NSW), it is a criminal offence to possess tools or items with the intention to use them in a break and enter. These items are known as “house breaking implements” and can include common objects such as:

Crowbars

Bolt cutters

Screwdrivers

Gloves or masks

Flashlights (in certain contexts)

The offence is based not just on possession, but on the **intent to use the item for an illegal purpose**, such as burglary or theft. That makes these charges highly subjective and dependent on interpretation by police and prosecutors. For this reason, it’s crucial to speak with a criminal defence lawyer in Sydney immediately if you’re charged.

What the Prosecution Must Prove

To convict someone of this offence, the police must prove beyond reasonable doubt that:

You were in possession of an item listed or regarded as a house breaking implement

You had the intention to use it in a break and enter, or assist another person in doing so

This intent is often inferred based on context — such as the time of day, your location, any prior history, and your behaviour when approached by police. You can read more about how evidence is treated in NSW via the Office of the Director of Public Prosecutions.

Examples of How These Charges Arise

Police often charge people with this offence in situations such as:

Being found near a residential area late at night with tools in a bag

Sitting in a car outside a business with gloves, screwdrivers or crowbars

Being stopped by police while walking through alleyways carrying unusual equipment

Many of these situations are **circumstantial** and open to interpretation. Our role is to dismantle weak assumptions and focus the court on facts — not speculation.

Penalties for Possessing House Breaking Implements

According to the Crimes Act, the maximum penalty is 7 years imprisonment. However, the actual outcome depends on the facts and the person’s criminal history. Courts may consider alternatives to jail such as:

Good Behaviour Bonds

Conditional Release Orders

Community Correction Orders

Section 10 Dismissals (in appropriate cases)

Visit the NSW Sentencing Council for more on sentencing frameworks in NSW.

Legal Defences to These Charges

There are several defences available, depending on the circumstances. These may include:

You did not know the item was in your possession

You had the item for a lawful purpose (e.g. work-related)

The item is not a “house breaking implement” under the law

There was no evidence of intent to commit a break and enter

Our defence lawyers build cases around context, character references, forensic analysis, and inconsistencies in police evidence. Learn more on our Criminal Lawyer Sydney page or contact Jameson Law for support.

How Our Lawyers Can Help

When you engage us, we immediately:

Review the evidence and identify gaps or weaknesses

Make early representations to have charges withdrawn

Prepare for court with a strategic and clear defence plan

Attend court and advocate for your freedom and future

We’ve helped hundreds of clients avoid convictions and protect their record. Find out more through LawAccess NSW or book an appointment to speak to our team.