RECENT DEVELOPMENTS REGARDING THE CRIME OF HOUSEBREAKING WITH INTENT

Abstract

Housebreaking with intent to commit a crime consists of unlawfully and intentionally breaking into and entering a building or structure, with the intention of committing a crime inside. The crime of housebreaking with intent was unknown in Roman-Dutch law and became part of South African criminal law through the strong influence of the English law crimes of burglary and housebreaking. The legal interests protected by this crime are the undisturbed habitation of one’s dwelling and undisturbed storage of one’s property. Interesting decisions were recently handed down on both (attempted) housebreaking simpliciter and the contentious crime of housebreaking with the intent to commit an offence unknown to the prosecutor. These recent decisions form the subject of this note.