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South Africa decisions
Decisions matching the current search
S v Kasa (R98/2019) [2019] ZAFSHC 222 (8 August 2019)
On automatic review, the High Court substituted a conviction for housebreaking with intent to commit an unknown offence with housebreaking with intent to steal.
Nkosi v S (A276/2015) [2018] ZAGPJHC 604; 2019 (1) SACR 570 (GJ) (2 November 2018)
The High Court dismissed an appeal against convictions for fraud and theft arising from truck deposit transactions and revoked the appellant’s bail.
S v Mosoeu (183/2014) [2014] ZAFSHC 167 (9 October 2014)
The court found that the accused's plea explanation covered the elements of housebreaking with intent to steal, but not theft, as nothing was stolen. The conviction for theft was therefore incorrect and had to be amended. The sentence was appropriate except for the reference to theft, which was also amended. The conviction and sentence were set aside and substituted with a conviction for housebreaking with intent to steal and a corresponding sentence.
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S v De Kok (186/2012) [2012] ZAFSHC 173 (18 September 2012)
The evidence, including the accused's admissions, clearly established that the accused broke into the premises with the intent to steal. Section 262 of the Criminal Procedure Act permits the court to convict on the specific offence proved by the evidence. It is both legally correct and necessary for the conviction to reflect housebreaking with intent to steal, rather than with intent to commit a crime unknown to the state. The conviction is therefore amended accordingly, and the sentence imposed by the magistrate is confirmed.
Source excerpt
Moahlodi v S (A165/2012) [2012] ZAGPPHC 195 (31 August 2012)
The High Court held that breaking a liquor store window without entry did not prove housebreaking with intent to steal. The conviction was replaced with malicious damage to property.
Riba v S (74/2009) [2009] ZASCA 111; [2010] 1 All SA 331 (SCA) (23 September 2009)
The Supreme Court of Appeal upheld a police officer’s theft conviction for mishandling seized goods and antedated his sentence to reflect prior incarceration.
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