S v Mackay (326/2021) [2022] ZAWCHC 17 (22 February 2022)
Court
Western Cape High Court, Cape Town
Case number
326/2021
Judges
Nziweni, Lekhuleni
On automatic review, the High Court set aside a guilty plea conviction for attempted housebreaking, finding the record did not adequately prove the offence charged.
Tsiane v S (A504/2016) [2018] ZAGPPHC 881 (3 August 2018)
Court
North Gauteng High Court, Pretoria
Case number
A504/2016
Judges
Sardiwalla, Ntloko-Gobodo
High Court appeal on identification evidence and attempted housebreaking. The court upheld the conviction, but substituted the magistrate’s wording of the offence.
S v Lebeko (A325/2016, B74/2013) [2016] ZAGPPHC 402 (24 May 2016)
Court
North Gauteng High Court, Pretoria
Case number
A325/2016, B74/2013
Judges
T. A. Maumela, A. H. Petersen
On special review, the High Court corrected a magistrate’s conviction from completed housebreaking and theft to attempted housebreaking and attempted theft.
S v Mavela (CA&R 11/08) [2008] ZAECHC 100; 2008 (2) SACR 608 (Ck) (25 June 2008)
Court
High Courts - Eastern Cape
Case number
CA&R 11/08
Judges
Y Ebrahim, D Van Zyl
On automatic review, the High Court held that the accused’s admissions did not prove entry into the house. The conviction was reduced to attempted housebreaking; sentence was confirmed.
S v Selote (295/2005) [2005] ZANCHC 67 (2 December 2005)
Court
Northern Cape High Court, Kimberley
Case number
295/2005
Judges
Williams, Musi
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 convictio…