S v Selote (295/2005) [2005] ZANCHC 67 (2 December 2005)

S v Selote (295/2005) [2005] ZANCHC 67 (2 December 2005)

The court held that section 262(3) of the Criminal Procedure Act applies to incomplete offences such as attempted housebreaking with intent to commit an unknown crime. This section only permits a conviction for malicious injury to property if the evidence supports such a finding. In this case, the accused pleaded guilty to attempted housebreaking with intent to steal, but was convicted as charged for attempted housebreaking with intent to commit an unknown crime. There was no evidence of property damage, nor any basis for a conviction for malicious injury to property. Therefore, the conviction and sentence must be set aside as the requirements of section 262(3) were not met.

Citation
[2005] ZANCHC 67
Parties
Applicant: The State; Respondent: Olebogeng Selote
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
2 December 2005
Case Number
295/2005
Procedural Posture
Criminal Review / Special Review
Outcome
Conviction and sentence set aside.
Judges
Williams, Musi
Legal Topics
Attempted Housebreaking, Mens Rea, Conviction and Sentence, Criminal Procedure, Statutory Interpretation
Criminal Law Attempted Housebreaking Mens Rea Conviction and Sentence Criminal Procedure Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Olebogeng Selote

Respondent

Procedural Posture

Criminal Review / Special Review

Legal Issues

  1. 1 Whether the conviction and sentence for attempted housebreaking with intent to commit an unknown crime were correct under the circumstances.
  2. 2 Whether the accused could be convicted of attempted housebreaking with intent to steal when the charge was for intent to commit an unknown crime.
  3. 3 Whether section 262(3) of the Criminal Procedure Act permits a conviction for any proven intent other than malicious injury to property in cases of attempted housebreaking with intent to commit an unknown crime.

Ratio Decidendi

The court held that section 262(3) of the Criminal Procedure Act applies to incomplete offences such as attempted housebreaking with intent to commit an unknown crime. This section only permits a conviction for malicious injury to property if the evidence supports such a finding. In this case, the accused pleaded guilty to attempted housebreaking with intent to steal, but was convicted as charged for attempted housebreaking with intent to commit an unknown crime. There was no evidence of property damage, nor any basis for a conviction for malicious injury to property. Therefore, the conviction and sentence must be set aside as the requirements of section 262(3) were not met.

Court Disposition

Conviction and sentence set aside.

Orders

  • The conviction and sentence are set aside.