Robbery with aggravating circumstances revisited : Minister of Justice and Constitutional Development and Another v Masingili and Another 2014 (1) SACR 437 (CC)

Abstract

Robbery is a well-established offence within the context of South African criminal law manifesting itself on a daily basis. In essence robbery can be defined as theft of property by unlawfully and intentionally using violence to take the property from someone else; or threats of violence to induce the possessor of the property to submit to the taking of the property (CR Snyman Criminal Law 5ed (2008) 517; J Burchell Principles of Criminal Law 4ed (2013) 706; S Hoctor ‘Examining the expanding crime of robbery’ (2012) 25 SACJ 361-378; J le Roux ‘Vonnisoplegging by roof met verswarende omstandighede’ (2005) 30 Journal for Juridical Science 145 at 146; see also recent decisions such as S v Maselani 2013 (2) SACR 172 (SCA); S v Mabunda 2013 (2) SACR 161 (SCA); S v Mofokeng 2014 (1) SACR 229 (GNP).