Public Service Commission Act, 1997
R 385
Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 26 : Competent Verdicts262. Housebreaking with intent to commit an offence |
| (1) | If the evidence on a charge of housebreaking with intent to commit an offence specified in the charge, whether the charge is brought under a statute or the common law, does not prove the offence of housebreaking with intent to commit the offence so specified but the offence of house-breaking with intent to commit an offence other than the offence so specified or the offence of housebreaking with intent to commit an offence unknown or the offence of malicious injury to property, the accused may be found guilty of the offence so proved. |
[Section 262(1) substituted by section 6 of Act No. 64 of 1982]
| (2) | If the evidence on a charge of housebreaking with intent to commit an offence to the prosecutor unknown, whether the charge is brought under a statute or the common law, does not prove the offence of housebreaking with intent to commit an offence to the prosecutor unknown, but the offence of housebreaking with intent to commit a specific offence, or the offence of malicious injury to property, the accused may be found guilty of the offence so proved. |
[Section 262(2) substituted by section 5(a) of Act No. 4 of 1992]
| (3) | If the evidence on a charge of attempted housebreaking with intent to commit an offence specified in the charge, or attempted housebreaking with intent to commit an offence to the prosecutor unknown, whether the charge is brought under a statute or the common law, does not prove the offence of attempted housebreaking with intent to commit the offence so specified, or attempted housebreaking with intent to commit an offence to the prosecutor unknown, but the offence of malicious injury to property, the accused may be found guilty of the offence so proved. |
[Section 262(3) inserted by section 5(b) of Act No. 4 of 1992]
