KCVA: CRIMINAL INVESTIGATION ASSIST

The purpose of this series of communications is to equip our members with a basic skill-set that will be extremely valuable in assisting with criminal investigations. This series of ‘information notes’ will also be posted on our Web page and linked Facebook page.

PART 2: CRIME ANALYSES

MOST COMMON CRIMES IN OUR AREA

The most common crimes we are facing in our area are that of ‘Housebreaking with the intent to steal and theft’, ‘Robbery with aggravating circumstances’, ‘Theft’ and ‘Trespassing’.

UNDERSTANDING THESE CRIMES

The element of the ‘unlawful and intentional deprivation of property from its lawful owner and or person in lawful possession thereof’ stands as common denominator in all these offences.

ROBBERY

Robbery, with or without aggravating circumstances, is perpetrated where theft is committed by way of the application of violence and or the threat of violence in order to overcome resistance of the victim. This will explain why we only refer to housebreaking or theft where no violence occurred and to robbery where a hijacking or housebreaking occurs and the victim(s) is/are subjected to an assault or a threat of assault in order to overcome resistance in order to steal. Robbery with aggravating circumstances occurs when theft is accompanied by the infliction of serious bodily harm and or the threat thereof. This will explain the term ‘armed robbery’ where a firearm is pointed at the victim with an implicit threat that the latter will be shot, (thus that serious bodily harm will be inflicted), if the victim does resist or not co-operated with the perpetrator wanting to steal the property in possession of the victim.

HOUSEBREAKING

Housebreaking is perpetrated when a ‘structure’, (which can include a curtain or semi-closed door or window), is displaced in order to gain entry into a fixed property with the intent to steal and or rob and or to perpetrate another offence, which may include murder. It is therefore not necessary that any damage be caused and or that anything be broken, in order to gain entry. Breaking open a caravan, (and stealing something therefrom), which is not a fixed structure, would therefore not constitute housebreaking but rather ‘damage to property’ and ‘theft’.

TRESSPASSING

Trespassing is perpetrated when a person unlawfully enters private property irrespective of the motive. This will apply in the case of ‘wall jumpers’ we know so well.

ELEMENTS OF THE OFFENCES

Save for an explicit reference to the place, time and date where an offence is alleged to have been committed, each crime is defined in accordance with the elements thereof. A basic understanding of these principles above is imperative in order to enable victims and witnesses of crime, to depose to proper witness statements, which amount to essential evidence in securing arrests and prosecutions.

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