South Africa Case Law

S v Mthimkhulu (CA&R179/2024)

S v Mthimkhulu (CA&R179/2024) [2024] ZAECMKHC 116 (18 October 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA&R179/2024

Judges

T.V Norman, A.S. Zono

The court found that the accused was improperly convicted of both housebreaking with intent to steal and theft, as the theft was not completed. Applying the single intent test and relevant case law, only a conviction for housebreaking with intent to steal was appropriate. The sentence of eighteen months' imprisonment was unduly harsh, given the accused's personal circumstances, lack of actual loss to the complainant, and the fact that the items were not removed from the premises. The trial court's misdirection regarding the completed theft influenced the severity of the sentence. The High Cou…

Source excerpt

• Housebreaking With Intent To Steal
• Attempted Theft
• Duplication Of Convictions
• Sentencing Principles
• Suspended Sentence

Moatshe v S (CA36/2021)

Moatshe v S (CA36/2021) [2024] ZANWHC 226 (6 September 2024)

Court

North West High Court, Mafikeng

Case number

CA36/2021

Judges

D. Smit, F. M. M. Reid

The appeal court found no material misdirection in the trial court's evaluation of the evidence. The circumstantial evidence, including the donkey cart tracks, the recovery of the stolen fridge, and the hostile witness statement, sufficiently linked the appellant to the offence. The appellant's decision not to testify left the prima facie case against him unrebutted, and the totality of the evidence excluded any reasonable doubt about his guilt. Regarding sentence, the court held that the three-year imprisonment was appropriate, considering the seriousness of the offence, the appellant's prev…

Source excerpt

• Housebreaking With Intent To Steal
• Theft
• Admission Of Hostile Witness Statement
• Evaluation Of Circumstantial Evidence
• Sentencing Principles
• Recusal Of Judge

Sithebe v S (A299/2021)

Sithebe v S (A299/2021) [2024] ZAGPPHC 886 (5 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

A299/2021

Judges

MJ Mosopa, N Tshombe

The High Court dismissed an appeal against a five-year sentence for housebreaking with intent to steal and theft, holding that correctional supervision was not appropriate.

• Housebreaking With Intent To Steal
• Sentencing Principles
• Correctional Supervision
• First Offender
• Appeal Against Sentence
• Criminal-sentencing

S v Qina (B488/2023)

S v Qina (B488/2023) [2024] ZAECMKHC 29; 2024 (2) SACR 310 (ECMk); 2024 (2) SACR 580 (ECMk) (15 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

B488/2023

Judges

M Notyesi, L Rusi

The High Court confirmed Zolani Qina’s conviction for housebreaking with intent to steal and sent the matter back for sentencing, despite concerns about delay and procedure.

• Housebreaking With Intent To Steal
• Defective Charge Sheet
• Fair Trial Rights
• Section 304a Review
• Prejudice Due To Delay
• Housebreaking-with-intent-to-steal

Gxasheka and Others v S (A58/22)

Gxasheka and Others v S (A58/22) [2024] ZAWCHC 34 (9 February 2024)

Court

Western Cape High Court, Cape Town

Case number

A58/22

Judges

DM Thulare, L Nuku

The High Court dismissed an appeal by four accused convicted of conspiracy to commit robbery, firearm and ammunition offences, and housebreaking.

• Conspiracy To Commit Robbery
• Aggravating Circumstances
• Unlawful Possession Of Firearms
• Unlawful Possession Of Ammunition
• Housebreaking With Intent To Steal
• Sentencing Principles

Chimola v S (A054/2018)

Chimola v S (A054/2018) [2021] ZAGPJHC 169 (7 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A054/2018

Judges

EF Dippenaar, Twala

High Court appeal where conviction for robbery with aggravating circumstances was altered to housebreaking with intent to steal and theft, plus common assault; sentence reduced to eight years.

• Housebreaking With Intent To Steal
• Theft
• Common Assault
• Aggravating Circumstances
• Competent Verdicts
• Sentencing Principles

S v Motlokwa (R11/2020)

S v Motlokwa (R11/2020) [2020] ZAFSHC 15 (6 February 2020)

Court

Free State High Court, Bloemfontein

Case number

R11/2020

Judges

Jordaan, Van Rhyn

High Court review confirming a conviction for housebreaking with intent to steal and theft, holding that the accused’s section 112(2) statement admitted the essential elements.

• Housebreaking With Intent To Steal
• Elements Of Offence
• Section 112 Statement
• Admission Of Elements
• Housebreaking-with-intent-to-steal
• Section-112-guilty-plea

C.D and Another v S (A253/2019)

C.D and Another v S (A253/2019) [2019] ZAWCHC 147; 2020 (1) SACR 134 (WCC) (6 November 2019)

Court

Western Cape High Court, Cape Town

Case number

A253/2019

Judges

DM Thulare, L Bozalek

The High Court set aside the appellants’ sentences after finding the matter was not properly committed to the Regional Court under section 116 of the CPA.

• Housebreaking With Intent To Steal
• Sentencing Procedure
• Previous Convictions
• Committal For Sentence
• Suspended Sentence
• Criminal-sentencing

Montse v S (A204/2018)

Montse v S (A204/2018) [2019] ZAFSHC 12 (29 January 2019)

Court

Free State High Court, Bloemfontein

Case number

A204/2018

Judges

Rampai, Mbhele

The High Court dismissed a criminal appeal against conviction and sentence for housebreaking with intent to steal and attempted theft, upholding the trial court’s credibility findings.

• Housebreaking With Intent To Steal
• Single Witness Evidence
• Credibility Assessment
• Sentencing Discretion
• Previous Convictions
• Housebreaking-with-intent-to-steal

Dlodlo v S (AR40/17)

Dlodlo v S (AR40/17) [2018] ZAKZDHC 16 (1 June 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

AR40/17

Judges

Mbatha, Poyo Dlwati

The High Court reduced a housebreaking-and-theft sentence from eight years to four years, finding the original term excessive and insufficiently tempered by mitigation.

• Sentencing Principles
• Housebreaking With Intent To Steal
• Theft
• Mitigating Factors
• Appellate Interference
• Rehabilitation