HOUSEBREAKING WITH INTENT TO COMMIT A CRIME

Definition:

Housebreaking with intent to commit a crime consists in unlawfully and intentionally breaking and entering premises with intent to commit that crime.

ELEMENTS OF THE CRIME:

1. Unlawful

2. Breaking

3. Entering

4. Premises

5. Intention

1. Unlawful

2. Breaking• S v Mososa 1931 CPD 348

• Now accepted:‘Breaking’ consists in the removal or displacement of any obstacle which bars entry to the structure and which forms part of the structure itself.

• S v Small 2005 (2) SACR 300 (C)

• Hoctor “The ‘Breaking’ Requirement in the Crime of House-breaking.” (1998) 19 (2) Obiter 201.

3. Entering

• entry is complete as soon as the person has inserted any part of his body, or any instrument he is using for that purpose, into the opening into the premises

4. Premises

• S v Temmers 1994 (1) SACR 357 (C) • 3 factors: house/store-room; used for

human habitation/storage of property; some degree of permanency about purpose of structure

• SV Hoctor “The ‘Premises’ Requirement in the Crime of House-breaking.” (1998) 19 (1) Obiter 127 – intent re what structure is used for

5. Intention

• S v Maseko 2004 (1) SACR 22 (T)

• S 95(12) of CPA – housebreaking with intent to commit an offence to the prosecutor unknown

• S Nanoo “In defence of housebreaking with intent to commit a crime unknown.” (1997) 10 SACJ 254