I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Possess House Breaking Implements
In NSW it is an offence to possess an item that could be used to break into a house without any legitimate reason for possessing the item. It is also an offence to have an item that could be used to break into or drive a car or other vehicle. A person can be possess house breaking implement if they have in their possession and item that could be used to break into a house, such as a crow bar or screw driver, and they don’t have a legitimate excuse for carrying it. A legitimate excuse may include having the item for your employment or house renovations.
The maximum penalty for this offence is 7 years imprisonment. In NSW, a court can impose any of the following penalties for this charge:
The Offence of Possess House Breaking Implement
The offence of Possess House Breaking Implement is contained in section 114(1)(b) of the Crimes Act 1900 and states that any person who has in their possession, without lawful excuse, any implement of housebreaking or safebreaking, or any implement capable of being used to enter or drive or enter and drive a conveyance is liable to imprisonment for seven years.
What Actions Might Constitute Possess House Breaking Implement?
Examples of actions that could give rise to a charge of possess house breaking implements are:
- Having a crow bar in your car at all times;
- Keeping a screw driver in your backpack when you don’t need it for work or any other reason;
- Carrying a door stop and a straightened wire hanger with a hook on the end that could be used to wedge the door of the car open and hook and unlock the button; or
- Being found to have a signal jamming or code grabbing device in your pocket which can be used to gain entry to keyless entry cars with no good excuse.
What the Police Must Prove?
To convict a person of possess house breaking implement the prosecution must prove each of the following matters beyond a reasonable doubt:
- That they were in possession of an item;
- That the item could be used to break into a house or car; and
- That you had no lawful excuse to have that item.
Possible Defences for Possess House Breaking Implement
A person charged with this offence may defend the charge by arguing that:
- They were not in possession of the item;
- The item could not be used to break into a house or car;
- They had a lawful excuse for possessing that item, such as employment or recreational activities; or
- To raise necessity or duress as the reason for their conduct.
Which Court Will Hear Your Matter?
The offence is a table one offence which means it will be finalised in the Local Court unless the Department of Public Prosecutions or the person who has been charged elects to have the matter finalised in the District Court.
If the matter remains in the Local Court the court can only impose a maximum penalty of two years imprisonment.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
22 St Georges Terrace Perth