Statistics Act, 1999
R 385
Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 26 : Competent Verdicts263. Statutory offence of breaking and entering or of entering premises |
| (1) | If the evidence on a charge for the statutory offence in any province of breaking and entering or of the entering of any premises with intent to commit an offence specified in the charge, does not prove the offence of breaking and entering or of entering the premises with intent to commit the offence so specified but the offence of breaking and entering or of entering the premises with intent to commit an offence other than the offence so specified or of breaking and entering the premises with intent to commit an offence unknown, the accused may be found guilty— |
| (a) | of the offence so proved; or |
| (b) | where it is a statutory offence within the province in question to be in or upon any dwelling, premises or enclosed area between sunset and sunrise without lawful excuse, of such offence, if such be the facts proved. |
| (2) | If the evidence on a charge for the statutory offence in any province of breaking and entering or of the entering of any premises with intent to commit an offence to the prosecutor unknown, does not prove the offence of breaking and entering or of entering the premises with intent to commit an offence to the prosecutor unknown but the offence of breaking and entering or of entering the premises with intent to commit a specific offence, the accused may be found guilty of the offence so proved. |
