Essay On Housebreaking

1. Housebreaking with intent to commit a crime

1.1 The history of housebreaking

Throughout the centuries housebreaking with intent to commit a crime, developed. The early stages of development started with the Roman and Roman-Dutch law, where housebreaking was an aggravated form of theft as it was only considered a crime if the purpose of the entry was theft.

The development in the English law had housebreaking and burglary as separate offences. Breaking and entering into houses, churches and city gates was considered burglary. The term burglary was an attack that occurred in the night which was an aggravating feature of the crime and punishable by death. Burglary was restricted by breaking and entering into a house of another at night with the intent to commit a felony. In the 17th century the division between housebreaking and burglary was made. Housebreaking was considered burglary at day, which carried less punishment. Therefor the only distinguish between housebreaking and burglary was the time of day it took place. The

The crime has evolved into a crime that’s against property due to the extension that includes the intrusion of a premise other than a house. It is also considered an invasion of the privacy of victims. Secondly to punish housebreakers of criminal acts that takes place inside places of habitations and houses. This is due to the fact that housebreakers should be punished for the invasion of privacy, theft, robbery or any other possible harm toward the tenants.

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