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South Africa Case Law

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Criminal Law [2022] ZAWCHC 17

S v Mackay (326/2021)

S v Mackay (326/2021) [2022] ZAWCHC 17 (22 February 2022)

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.

  • Attempted Housebreaking
  • Criminal Intent
  • Malicious Injury To Property
  • Section 112 Procedure
  • Section 262 Qualified Verdict
  • Attempted-housebreaking
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Criminal Law [2018] ZAGPPHC 881

Tsiane v S (A504/2016)

Tsiane v S (A504/2016) [2018] ZAGPPHC 881 (3 August 2018)

High Court appeal on identification evidence and attempted housebreaking. The court upheld the conviction, but substituted the magistrate’s wording of the offence.

  • Identification Evidence
  • Attempted Housebreaking
  • Theft
  • Credibility Of Witnesses
  • Intention To Commit Crime
  • Criminal-law
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Criminal Law [2016] ZAGPPHC 402

S v Lebeko (A325/2016, B74/2013)

S v Lebeko (A325/2016, B74/2013) [2016] ZAGPPHC 402 (24 May 2016)

On special review, the High Court corrected a magistrate’s conviction from completed housebreaking and theft to attempted housebreaking and attempted theft.

  • Attempted Housebreaking
  • Attempted Theft
  • Criminal Procedure Act
  • Conviction Substitution
  • Criminal-law
  • Attempt
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Criminal Law [2008] ZAECHC 100

S v Mavela (CA&R 11/08)

S v Mavela (CA&R 11/08) [2008] ZAECHC 100; 2008 (2) SACR 608 (Ck) (25 June 2008)

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.

  • Housebreaking
  • Attempted Housebreaking
  • Elements Of Entry
  • Criminal Procedure Act
  • Conviction Substitution
  • Attempted-housebreaking
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Criminal Law [2005] ZANCHC 67

S v Selote (295/2005)

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 convictio…

  • Attempted Housebreaking
  • Mens Rea
  • Conviction And Sentence
  • Criminal Procedure
  • Statutory Interpretation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.