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What Are The Five Elements Of Housebreaking

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1.4 Elements of housebreaking
In South African law, housebreaking consists of five elements. These elements are a crucial part of the crime, the reason is simple: all of the elements must be present in order for a perpetrator to be guilty of housebreaking with the intent to commit a crime.
1.4.1 Breaking
Breaking refers to a perpetrator that displaces some obstruction, which forms part of the premises, in order to create an entry onto that premises. Breaking can take effect when a lock, window or door is forced open or broken. A displacement of a fragment of a structure or building can occur, which indicates an interior break of the premises (example: a safe inside a home).
Physical damage is no longer an aspect of breaking, because if the perpetrator opens a door or window and it’s partly open and or not locked it’s still considered breaking. Therefor it’s important to realise that there must be a displacement of …show more content…

It’s important to remember that there will always be borderline cases that are unclear if it’s a premise or not. De wet: it does not matter a premise of human habitation is movable or immovable but a premise that is used for storage must be immovable, otherwise it’s not a premise.
Temmers have two structures to help determine premises. Firstly it’s the structures which are goods that are kept and stored in safeguard. This means that the crime of housebreaking with intent to commit a crime can be committed against premises used for storage. This structure was accepted as a way to commit the crime of housebreaking by the courts. Secondly it’s the structures where goods can be placed for the ease of storage. The crime can be committed against any container that’s being used as human inhabitation, even if the structure is weak. This crime can according to the court not be committed against such a structure that is weak or easily

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