South Africa Case Law

S v Slabb (1488/06)

S v Slabb (1488/06) [2006] ZAWCHC 42; 2007 (1) SACR 77 (C) (11 September 2006)

Court

Western Cape High Court, Cape Town

Case number

1488/06

Judges

A le Grange, A H Veldhuizen

The court held that the facts supported the inference that the accused unlawfully entered the complainant's premises with the intention to commit theft. Although no items were stolen and the complainant could not testify to any missing goods, the circumstances—entry at night, presence in the kitchen where valuables were kept, and flight upon discovery—pointed to criminal intent. Section 262(1) of the Criminal Procedure Act permits conviction for housebreaking with intent to commit an offence unknown when the specific intent cannot be proven, provided criminal intent is established. The court…

Source excerpt

• Housebreaking With Intent To Steal
• Criminal Intent
• Section 262 Criminal Procedure Act
• Trespass Act
• Burden Of Proof

S V Niekerk and Another (61/06)

S V Niekerk and Another (61/06) [2006] ZANCHC 86 (28 April 2006)

Court

Northern Cape High Court, Kimberley

Case number

61/06

Judges

SA Majiedt, PL Tlaletsi

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.

• Competent Verdicts
• Housebreaking With Intent
• Trespassing
• Section 262 Criminal Procedure Act
• Competent-verdicts
• Housebreaking-with-intent

S v Stallenberg (50/2005)

S v Stallenberg (50/2005) [2005] ZANCHC 18 (21 April 2005)

Court

Northern Cape High Court, Kimberley

Case number

50/2005

Judges

C.C Williams, H.J Lacock

The High Court confirmed the conviction but set aside a suspended sentence because the conditions were unclear and not properly linked to the offence.

• Suspended Sentence Conditions
• Housebreaking
• Section 262 Criminal Procedure Act
• Suspended-sentence-conditions
• Criminal-procedure-act