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South Africa decisions
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Livanje v S (378/2018) [2019] ZASCA 126; 2020 (2) SACR 451 (SCA) (27 September 2019)
The Supreme Court of Appeal corrected a housebreaking conviction from intent to rob to intent to commit an unknown offence and resentenced the appellant to five years.
Lehsilo v S (A801/2015) [2017] ZAGPPHC 1084 (12 October 2017)
The High Court dismissed an appeal against convictions for housebreaking and firearm offences, and upheld a 15-year sentence as proportionate.
S v Rantsie (159/17) [2017] ZAGPPHC 872 (6 September 2017)
The High Court reviewed a magistrate’s sentence for housebreaking and corrected an overly broad suspended-sentence condition that referred to any offense.
Sekgwale v S (A128/2016) [2017] ZAGPPHC 552 (25 August 2017)
The High Court substituted a housebreaking conviction where the evidence proved intent to steal and rape, and confirmed the six-year sentence.
Kotze v S (776/2016) [2017] ZASCA 27 (27 March 2017)
The Supreme Court of Appeal upheld a conviction for housebreaking with intent to commit indecent assault and indecent assault, finding the complainant’s identification reliable.
Makier v S (A559/2010) [2011] ZAWCHC 170 (11 March 2011)
The court found that while the circumstantial evidence established the appellant's guilt for both housebreaking with intent to murder and murder, it did not prove beyond reasonable doubt that the murder was premeditated as required by the minimum sentencing legislation. The evidence did not support the conclusion that the appellant planned the killing in advance. The prescribed sentence of life imprisonment was therefore not mandatory. Considering the appellant's personal circumstances, emotional instability, and time already spent in custody, the court held that a sentence of 25 years' impri…
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S v Mohapi (746/07) [2007] ZAFSHC 72 (25 October 2007)
Automatic criminal review confirming the conviction but amending a suspended sentence condition that was too broad in relation to theft.
S v Mbaba (70/2006) [2006] ZAFSHC 165 (16 November 2006)
On special review, the High Court set aside a conviction for housebreaking with intent to rape and replaced it with a conviction for rape only.
S V Niekerk and Another (61/06) [2006] ZANCHC 86 (28 April 2006)
On special review, the High Court set aside convictions and sentences after holding that trespassing was not a competent verdict on a charge of housebreaking with intent to steal.
S v Khundulu and Another (127/90) [1991] ZASCA 15; [1991] 2 All SA 113 (A) (18 March 1991)
The court found that the appellants, together with a third accused, had jointly planned and executed a housebreaking with intent to rob and murder the Palvies. The evidence established that the plan was premeditated, and the appellants acted in concert, sharing a common purpose to commit robbery and murder. The court rejected the argument that there was no agreement to murder at the time of the first break-in, finding that the entire enterprise was methodically orchestrated and that the appellants foresaw the possibility of death resulting from their actions. The court held that the requireme…
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