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s49D Possessing Housebreaking Implements

Have you been charged with Possessing Housebreaking Implements?

If so, it is possible that there are relevant facts relating to your charge that may be used as a defence should the matter proceed to court.

Have you considered whether the prosecution will be able to prove all elements of the offence? Do you have a lawful excuse for possessing the alleged implements? Is there any doubt as to who was actually in possession of them?

Possessing housebreaking implements can result in imprisonment if found guilty so it is recommended that you seek expert legal representation as soon as possible.

Please read below for more information relating to this charge.

The offence

Section 49D of the Summary Offences Act 1966.

The prosecution must prove:

The defendant had in their custody or possession an implement of housebreaking.

The maximum penalty

2 years imprisonment.

Where will my case be heard?

Possessing a Housebreaking Implement will always be heard in the Magistrates Court.

What to do next?

Possessing a housebreaking implement can result in imprisonment if established by the prosecution. Make an appointment with an expert criminal lawyer as soon as possible to allow sufficient time for preparation of your defence.

The legislation

Section 49D Possessing housebreaking implements

(1) A person must not, without lawful excuse, have an implement of housebreaking in his or her custody or possession.

Penalty: 2 years imprisonment.

(2) The accused bears the burden of proving lawful excuse for having custody or possession of any implement to which a charge of an offence against subsection (1) relates.

Theft Charges

Criminal Code Act 1984

s131.1 Theft (Commonwealth)

Crimes Act 1958

s74 Theft

s76 Burglary

s77 Aggravated Burglary

s91 Going Equipped for Stealing

Summary Offences Act

s49D Possessing Housebreaking Implements

s49E Escaping from Lawful Custody

s53 Making False Reports to Police etc.

Case Studies

Armed Robbery Defense Frankston Children’s Court

Aggravated Burglary Charges Frankston

Bail – Aggravated Burglary

Charges of Burglary & Theft

Theft and Fraud Diversion

Diversion For Theft

Breach Suspended Sentence

Burglary Dandenong

Theft Case Example

Dishonesty Offences

Aggravated Burglary Case Study

Drug Court Dandenong

Theft from Employer Frankston

Theft from Employer

Appeal – Burglary

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

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