Abstract
If the common-law crime of housebreaking with intent to commit a crime has been criticized for its form and function, the statutory variation of the housebreaking crime, housebreaking with intent to commit a crime to the prosecutor unknown, has been even more controversial, and has been subject to widespread academic criticism. The validity of this offence arose for discussion in S v Slabb (2007 1 SACR 77 (C)) (also briefly discussed by Hoctor “Recent Cases: Specific Crimes” 2007 SACJ 78 87).
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