ASSAULT WITH INTENT TO DO GRIEVOUS BODILY HARM

1. Intent
S v R 1998 (1) SACR 166 (W) S v Mbelu 1966 (1) PH H 176 (N) S v Reabow 2007 (2) SACR 292 (E)

2. Grievous Bodily Harm

S v R 1998 (1) SACR 166 (W) S v Mdau 2001 (1) SACR 625 (W) at 626i-j S v Smith 2003 (2) SACR 135 (SCA)

Sexual Assault
Common Law crime of indecent assault repealed by s.68(1)(b) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Now defined as sexual assault in terms of the Act.

CRIMES AGAINST PROPERTY

THEFT
derived from root meaning stealthy or secret

Descriptions of the Crime:

1. Classical Model (Roman law)
Theft = furtum private wrong (delict) contrectatio: handling (act of theft) Fraudulosa: unlawfulness / knowledge of unlawfulness animus furandi: intention

2. The old English-Law model

Theft = larceny committed when a person, fraudulently and without claim of right made in good faith, takes or converts to his use anything capable of being stolen, with intent to deprive the owner thereof of his ownership or any person having any special property or interest therein of such property or interest.

3. The Appropriation Concept model

Definition of Theft: (Burchell)

Theft consists in an unlawful appropriation with intent to steal of a thing capable of being stolen. Appropriation = to take possession of or make use of; to make something your own

Definition of Theft: (Snyman)

A person commits theft if he unlawfully and intentionally appropriates movable, corporeal property which: a) belongs to and is in the possession of another; b) belongs to another but is in the perpetrators own possession; or c) belongs to the perpetrator but is in anothers possession and such other person has a right to possess it which legally prevails against the perpetrators own right of possession provided that the intention to appropriate the property includes an intention permanently to deprive the person entitled to the possession of the property, of such property.

Forms of conduct contained in the definition:

a) Removal of Property:
Ys Property in Ys possession

Removed by

Forms of conduct contained in the definition:

b) Embezzlement:
Ys Property in Xs possession or control

Appropriated by

Forms of conduct contained in the definition:

c) Arrogation of possession:
Xs Property in Ys possession
(where Ys right to possession prevails against the owner (X))

Arrogated by

Forms of conduct contained in the definition:

d) Theft of Credit, including unlawful appropriation of trust funds X steals money in the form of credit

Essential Elements of the Crime:

(common to all forms of theft)
1. 2. 3. 4. Act of appropriation in respect of Property committed unlawfully and intentionally.

Essential Elements of the Crime:

1.

Act of appropriation
S v Boesak 2000 (1) SACR 633 (SCA) para 97 2 components to appropriation: i. negative component: depriving owner / possessor of the property ii. positive component: accuseds exercise of the rights of an owner in respect of the property in the place of the true owner/possessor. => both must be present