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University of South Africa
Muckleneuk, Pretoria

FOR2603/1/2016

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InDesign

This module consists of nine learning units which provide learners with the opportunity
to carry out selected criminal investigations guided by its general principles, procedures
and practices in the investigation field. This is coupled with the skill investigators
display to effectively use unique conventional techniques to collect court-driven
evidence, investigative interview of suspects and presentation of evidence in court.

MNB_Style
CONTENTS

Page

INTRODUCTION v
Syllabus v
Purpose of the module vi
Specific outcomes and assessment criteria vi

Learning units

1 FRAUD, FORGERY AND UTTERING 1

2 TRAFFIC-RELATED OFFENCES 15
3 DRUG-RELATED OFFENCES 23
4 PUBLIC VIOLENCE 32
5 ARSON 37
6 ROBBERY 46
7 FIREARMS 52
8 MALICIOUS DAMAGE TO PROPERTY 61
9 HOUSEBREAKING (BURGLARY) 68
REFERENCES 78

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INTRODUCTION

Welcome to Investigation of Selected Crimes and Transgressions Module A. This module

consists of nine learning units and will give learners an opportunity to carry out criminal
investigation procedures and practices to investigate selected crimes, collect evidence,
interview suspects and present evidence in a practical scenario to achieve the desired
result. Before you become an investigator, you need to understand the principles and
processes that support the investigation of selected crimes and transgressions, particularly
in your field of function. The module develops theories and provides an opportunity to
learn by actually giving learners the chance to carry out a simulated crime investigation
using practical settings. Learners will appreciate the roles of different experts within the
investigating team and why different skills and expertise are important at different stages
of the criminal investigation. This is an exciting and practical module which reflects the
criminal investigations seen in the media.

In this module, you will be expected to study all the topics central to the module. This
module is intended to provide you with a sound basis for your forensic investigation studies.

SYLLABUS
The following knowledge is embedded within the module, and will be assessed directly
or indirectly through assessment of the specific outcomes in terms of the assessment
criteria. The investigation of:
• Fraud, forgery and uttering
• Traffic offences
• Drug-related offences
• Public violence
• Arson
• Robbery
• Firearms-related offences
• Malicious damage to property
• Housebreaking (burglary)

After you have completed this module, you will appreciate the place of investigation
knowledge and show how the basic principles of investigation can influence the outcomes
of intensive investigations.

You must study all the learning units in the study guide for the examination. You will
also receive tutorial letters in the course of the semester that will form part of your study
material for the examination. Do not hesitate to contact us if you have any difficulty
with the study material. It is an exciting study of investigation of selected crimes and
transgressions. An investigator is supposed to ask questions and most importantly, to
find the answers (the facts to make informed decisions).

(v) FOR2603/1/2016
PURPOSE OF THE MODULE
This module will be useful to students in the private and public service investigation
environment who are tasked with the forensic investigation of selected crimes and
transgressions. A person credited with this module will be able to conduct a forensic
investigation and develop possible indicators and prevention measures regarding the
crimes and/or transgressions mentioned above.

SPECIFIC OUTCOMES AND ASSESSMENT CRITERIA

A range of tasks in study guides or tutorial letters, assignments and examinations will
show whether students have achieved the required outcomes.

Specific outcome 1
Apply the principles relating to the forensic investigation of various offences that may
occur in the private and public service investigation environment.

Specific outcome 2
Obtain the required evidence/proof related to fraud, forgery and uttering, traffic-related
offences, public violence, arson, drugs-related offences, firearms-related offences, malicious
damage to property, housebreaking (burglary) and common robbery.

Specific outcome 3
Compile a report that covers the outcomes and recommendations of the investigation
relevant to the stakeholders.

(vi)
LEARNING UNIT 1
Fraud, forgery and uttering

1.1 INTRODUCTION
This learning unit will provide you with the opportunity to learn how to properly handle the
investigation of certain transgressions and type of crimes. By the end of this learning unit,
you should be able to prove that you can apply the theories relating to the investigation
of fraud, forgery and uttering that can take place in both the private and public sector
environment. You should be able to identify the essential characteristics of selected
crimes and transgressions and their elements as a prospective investigator in the field of
crime and corporate investigations. The purpose of this learning unit is therefore to add
knowledge that will enable you to investigate fraud-related offences.

1.1.1 Basic definitions and elements of fraud

Before you become an investigator, you will need to understand different types
of crimes and transgressions, particularly their definitions and their requirements.
In this unit, we provide simple definitions of the terms and concepts that you will
encounter in your learning. In some cases, the definitions are not similar to those
you would find in textbooks. However, the aim is to emphasise the main features of
the terms and concepts to create a common understanding. Keep in mind though
that various definitions of these terms exist. These definitions and their elements
were selected for your learning of this module.

1.1.2 Fraud
Some crimes are defined by common law, (fraud, forgery and uttering) while others are
defined by statutory law. Fraud is defined as the unlawful and intentional perversion of
the truth made with intent to defraud and resulting in actual or potential prejudice. It
is more or less impossible to draw up a list of the types of fraud or categorise the many
manifestations thereof. Traditional methods are improvised on a regular basis by fraudsters
and new ones are developed.

1.1.2.1 Elements of fraud

The elements of a crime are commonly found in the definition of a crime. Elements of
fraud are an act, mens rea (in the form of intention), unlawfulness and prejudice. The
act consists of a misrepresentation, which can manifest itself in either the doing of
something (commission) or the failure to do something which the law requires to be
done (omission). Misrepresentation can be made by various means: verbally (words), in

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writing, a combination of words and conduct (commission), by silence (omission) or by
expressing a belief which is not in fact held.

1.1.2.2 Specific elements for fraud

All crimes of fraud, forgery and uttering have at least four general elements that must be
proved in each crime, together with specific elements that are contained in the definition
of a specific crime. Investigators should be concerned that those general and specific
elements of a specific crime are addressed and that their investigations are directed towards
proving the same. Police investigators should also take note of the defences which may
be raised by a suspect since such defences can exclude liability of the suspect. If one or
more of the required elements such as unlawfulness are absent, the public prosecutor
will not be able to convict the suspect of that particular crime. As has been mentioned
above, the most important thing for you to determine is what the crime is that you are
to investigate. Then, secondly what form of fraud it is.

Remember that fraud can be committed by way of:

• words
• conduct
• silence
• writing

1.1.2.2.1 Misrepresentation by words

Let us start by looking at how fraud can be committed by words. This is possibly the most
common form of misrepresentation. It is committed when a person tells another person
that a particular fact exists while it does not. For instance a person wishes to trade in a
particular item for something he or she wishes to purchase. What must constantly be borne
in mind when dealing with misrepresentation is whether the perpetrator is “willing and
able to pay” for the goods. If he or she is willing and able to pay, the misrepresentation
would be invalid. Therefore, if a person buys something on credit and is later unable to
pay for it, it should not constitute misrepresentation since by implication, the person made
a representation that he or she was willing and able to pay. Misrepresentation need not
necessarily be in writing. It can also be a verbal representation or even the omission of a
spoken word in a document.

Example of an omission of a word is:

Where a meeting is held and a decision is made regarding a second mortgage. The
word “second” is deliberately omitted from the minutes.

1.1.2.2.2 Misrepresentation by conduct

A misrepresentation is made by conduct when a person conducts him or herself in such a
way that another person is deceived. An example is where a person goes into a restaurant
and sits down. The waiter serves the person who orders drinks and a meal because the

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waiter believes that this person is a genuine customer and will pay the bill. After finishing
the meal the person gets up and leaves the restaurant without paying the bill.

In this particular instance the person by his or her conduct pretended to be a genuine
client who was willing and able to pay for the meal. By merely sitting down and ordering
the food and the drinks, caused the waiter, as a representative of the restaurant, to serve
the person and to supply food and drink. Had the waiter known that the person would
get up and leave without paying, the person would not have been served. The loss to the
restaurant is the cost of the meal and the drinks. When you investigate such a matter, it is
important for the complainant to state what he or she believed when the accused acted
in the particular manner and of course that the restaurant suffered a loss.

The same situation may occur where a student obtains the answer sheet to an exam
beforehand. The student then goes and writes the exam and gets good marks. In the
first instance the conduct of the student was that he or she was writing the exam like all
the other students. Secondly and by implication (conduct) that he or she did not know
the contents of the exam paper (while in fact the student knew that he or she had the
paper, knew all the questions and was therefore not acting in good faith).

In the last example you must also take into consideration that you will have to investigate
how the student got hold of the exam papers. Obviously there must be a leak – which
would constitute corruption because some official must have received payment. If not,
and the papers were stolen, you have a charge of theft.

When doing the investigation you must remember to approach the department and
also obtain a statement from an authorised official who will set out the policy regarding
examinations. This official will have to state that the action of the suspect person resulted
in the department’s rules and regulations being broken because it is prohibited for
students to have access to examination papers beforehand.

1.1.2.2.3 Misrepresentation by silence

Fraud is committed when there is a legal duty on a person to disclose something which is
not done. An example is where an insolvent person is obliged, in terms of the provisions
of section 137(a) of the Insolvency Act 24 of 1936, to disclose his or her insolvent status
when applying for credit for more than a certain amount. There is also a situation where
a director of a company – or even a government employee – fails to disclose an interest
in a contract which is being negotiated by his or her company or employer.

An example is where an official enters into a contract on behalf of the department with a
company in which he or she has an interest and then receives a substantial commission. In
the first place there is a legal duty on the official to disclose this interest and in the second
place this may also be a contravention of the provisions of section 12 of the Prevention
and Combating of Corrupt Activities Act 12 of 2004.

The important thing is for you to prove that there was a legal duty on the accused to
disclose the fact that he or she is accused of not disclosing.

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So, you see that a single act may also constitute other offences. For this reason it is vital
that you find out exactly what you are dealing with because there may be additional
proof that you would have to present in order to get a conviction. To prove this point,
in an insolvency investigation, where the accused is charged for obtaining credit while
insolvent (fraud by silence) for instance, one has to prove that the accused was insolvent
and that the final sequestration order was served on him or her.

1.1.2.2.4 Misrepresentation by way of writing

Apart from making a verbal misrepresentation, making a misrepresentation in writing is
the most common in this country and the one which the investigator will be faced with
most often.

It takes place when a person makes a written presentation – usually by way of a cheque
– that it is for payment of something that has been purchased. The implied action is that
the cheque is a legal cheque, that the accused is the owner and that the cheque is good
for the money it represents. The victim then accepts the cheque in good faith and hands
over the goods. The cheque is then later returned unpaid by the bank for a particular
reason – which is important for your purpose.

If the cheque has been returned unpaid due to a lack of funds, you will have to contact
the suspect’s bank and find out why. Under normal circumstances banks will refuse to
divulge information regarding their clients. You will have to make use of the provisions
of section 205 of the Criminal Procedure Act 51 of 1977 to obtain this information. It is
always best to speak to the bank beforehand so that you can get an idea of whether the
cheque was refused because there was a temporary shortage of funds, in which case it
merely has to be redeposited. The bank official will be in a position to tell you exactly
what is going on. If it was a single cheque, it may not be as bad as a number of cheques
because then one can already determine the intent of the suspect.

The possibility also exists that the cheque account was closed. In this case you have to
show by whom the account was closed. If the suspect closed it, you must obtain such
evidence – usually a statement from the bank official would be sufficient.

If the bank closed the account, you should find out why. It could be that it was closed
due to the accused’s maladministration of the account. If this is the fact, you would have
to prove that the accused knew that the account had been closed. One way is for you to
find out whether the bank informed the accused. If so, how the accused was informed
and did he or she have knowledge of this. If the bank wrote the accused a letter and
sent it by registered post, you must prove that the accused received it. This means that
you would need to get a statement from the post office where the letter was received.

In more serious instances, the perpetrator may be a serial fraudster and is going about
issuing “worthless” cheques all over. This is usually determined by the nature of the
goods being purchased. Luxury items and liquor purchases that form part of a long
line of fraudulent cheque purchases are usually an indication that you are facing a serial
fraudster. It could also be one way of getting cash. The fraudster buys expensive liquor
and pays for it using a worthless cheque. The goods are then later sold at “discount” prices.

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Not only will you have to obtain a copy of the suspect’s bank account – usually for
about a month prior to when the cheques started being dishonoured, but also a list of
all the cheques that were refused. The reason for this is because you will need to obtain
statements from all the persons involved to show the suspect’s recklessness and intent
and also to be able to determine what has been purchased.

The reason why you have to determine what has been purchased is to link the suspect to
the purchase as well as to the fraudulent transaction. When you have traced the suspect
and search his or her home, you must also search for the cheque book that was used as
well as the counterfoils. This is to show in court that the suspect did not keep a record of
purchases in cases where the defence may be that he or she merely “overspent”.

As the investigating officer it is very important for you to keep a diary of your investigation
because proof of part of the suspect’s intent to defraud will be the efforts that you have
made to contact him or her. Nowadays cheques have the drawer’s contact particulars
printed on them and if the suspect starts avoiding you, it all contributes to the fact that
the suspect has a guilty conscience. The cheque book may have been stolen from the
owner. In such a case you will have to obtain a statement from the legal owner in which
the facts are set out. This person will also deny that he or she gave the cheque book to
the suspect.

These cases are not difficult to prove. The most difficult is firstly to trace the suspect and
secondly to be able to identify him or her. In such cases modus operandi (MO) is of great
importance because it all contributes to identification. Criminals stick to a particular pattern
when it comes to committing crime. They tend to stick to actions that have worked for
them in the past.

So, if a cheque thief starts to operate in your area, you should make contact with
investigators in other areas where similar cheques have been issued to find out if they
have any leads. Obtain a detailed description of the perpetrator and, when arrested ensure
that an identification parade is held and that samples of handwriting are obtained for
examination by the Forensic Science Laboratory.

Credit card fraud is an example where fraud is committed in a combination of writing as

well as conduct. A person’s credit card has been stolen and fraudulently presented for
purchases. The suspect also pretends to be the credit card holder apart from forging the
person’s signature. In any event, salespersons are notoriously inattentive when it comes to
checking the signatures on presented credit cards, so there is not much chance of relying
on them to spot a signature that differs from the original. Banks and other credit card
institutions have their own forensic investigators who are well trained in the investigation
of fraudulent credit card transactions. Once again, as in most other crimes, the positive
identification and later individualisation of the criminal is of the utmost importance.

The process of individualising the perpetrator starts at the scene of the incident. The safe
custody of original documentary evidence is the first and most important step. Whenever
there is a disputed document involved, it should be kept safely and not handled. This
applies to all documents concerned. If this is not done and the continuity of possession
is broken, the case may fail in court.

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Other examples of fraud committed in writing are application forms for employment and
a wide range of services from applications for housing to applications for social security
grants.

You must remember, once again, that the identity of the perpetrator and his or her
individualisation to the commission of fraud is your main aim. The one thing that all
application forms have in common is that they have been completed by the perpetrator.
By having completed and signed the disputed document they have placed one and
possibly two, very important individualising characteristics on the document, namely
their handwriting and possibly their fingerprints.

The one thing that a perpetrator finds very difficult to hide or disguise is his or her
handwriting. If the original handwritten document is identified and kept safely it is even
possible that latent fingerprints may be found. For that reason it is important that the
document be handled as little as possible and when it is being handled gloves should
be worn.

It does not matter what kind of fraud you are investigating, you have to prove the link
between the misrepresentation, the suspect and the prejudice. In other words, where a
payment of a sum of money has been made to a suspect as the result of a misrepresentation,
you must show that the suspect received the money or the advantage. If the suspect
therefore caused, like in the scenario, a sum or various sums of money to be paid to him
or to somebody else, you will have to prove it by showing the link between the payment
and the suspect. You must also show that the suspect used the money, just in case he
or she comes with the alibi that the account was dormant and he was unaware of the
money in the account. This is done when the bank balance is less than what it was before
the money was deposited.

In the case in the scenario you will find that the finance department will be able to tell you
to which bank the payments were made. This proof of payment will reflect the name as
well as the account number of the beneficiary. Depending on whether you are a police
or other investigator, you will then have to visit the bank where the payment was made
and arrange for a certified copy of the bank statement to show that the money was
received. Once you have this, you can then examine the bank statements to see how
the money flowed.

You will also be able to identify a pattern and it should not be too difficult to see what the
“commission” was that was paid to Mr Frost. If it was drawn in cash you will need to obtain
a statement from the bank teller who cashed the cheque. Remember that money can
only be drawn from a cheque account through cheques or at automatic teller machines.
This means that there will always be some form of record of a withdrawal which you will
have to find.

If you are unable to obtain this information, you could contact the bank’s forensic
investigators and request their assistance. Depending on your relationship, they may
assist you up to a point. Beyond that, where the trust relationship becomes involved,
the police will have to deal further with the matter. At least you will have been able to
do most of the leg work.

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To show that the suspect received the money, you will either have to check his or her
bank account to determine whether the deposits were made – if payments were made
by cheque. If payments were made in cash they will not be reflected in the suspect’s
bank account. Instead you will find that – especially in cases such as those mentioned
in the scenario – the accused lived off the cash to such an extent that he or she did not
make use of the bank account. You can then do a comparative study to show, for the
corresponding period before the corruption started, what the accused’s lifestyle was like
compared to what it was after the corruption started.

Scenario 1

For illustration, if a person approaches the police with a complaint that a neighbour has
violated his or her privacy in that the latter has, on a number of occasions, peeped over
the wall separating their respective properties using night vision binoculars, such conduct
will most probably not constitute a crime but may a delict if the aggrieved party suffered
damages as a result of the invasion.

Scenario 2

If someone approaches the police with a complaint that his mother-in-law wears counterfeit
Converse running shoes in public the police must first determine if the mother-in-law’s
conduct constitutes a crime and take a statement from the complainant setting out all
the elements of the supposed crime.

Activity 1

What is a crime in scenario 1 and 2?

Where do you find the elements of a crime?

Feedback
1

In scenario 1, the act is civil and there is no crime committed. If the mother-in-law was engaged
in a counterfeit shoe business, she would have committed a crime of dealing in counterfeit
items. See if you can find more information to support this answer.

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 Figure 1: Example of material evidence in fraud cases
Source: sites.everynation.org

1.2 FORGERY
Fraud is not the only common law crime which is committed by way of a misrepresentation,
whether completed or uncompleted. The crimes of forgery, uttering and theft by false
pretences have a close correlation to fraud. It must be stressed from the onset that there
is no single crime called “forgery and uttering”. These are separate crimes, the one being
forgery and the other uttering. For it is invariably a forged document which is uttered, in
other words presented to someone else with the intention that such person should act
on it, and persons are hardly ever charged for uttering without the other crime. These
crimes will now be discussed.

1.2.1 Definition of forgery

Forgery is the intentional, unlawful falsification of a document or written instrument
which is calculated to cause prejudice.

1.2.2 Elements of forgery

The crime of forgery has all the elements of fraud. There is one difference; fraud is
committed only once misrepresentation has come to the notice of the presentee, whereas
forgery is committed when the instrument is falsified. The offence is the making of a false
instrument in order for it to be accepted as genuine to cause harm to another.

1.2.2.1 Act
Just like any other crime, forgery requires an act (falsification) on the part of the perpetrator.
A written instrument must be falsified (completed action) to complete forgery.

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The most common methods of forging are:
• alteration of existing information
• erasure of information
• substitution of information
• addition of information
• making of an endorsement
• making of a complete document which aims at representing a genuine instrument

1.2.2.2 Unlawfulness
Unlawfulness will be excluded, for instance, where a person signs another’s name on a
document with the other person’s consent.

1.2.2.3 Intention
The requirement of intention in forgery is the same as that of fraud, the intention to forge
a document in order to deceive someone with it. In the definition, the forgery must be
in such a way that it is calculated to cause prejudice.

1.2.2.4 Prejudice
The requirement of prejudice is the same as that of fraud. It is, however, a requirement
that the document must cause prejudice.

1.2.3 Forms of forgery

It is important to note that not every written false representation constitutes forgery.
Forgery of a document is committed when:
• the content is altered in such a way that it no longer reflects the original contents
• it purports, in conflict with the true position, to have been drawn up by or on behalf
of a particular person

In addition to this, a forged document is also a document which:

• aims at representing a genuine instrument, or
• is in some way an imitation of a genuine document and not merely a document which
contains a false statement
• is a counterfeit or spurious representation of a genuine document, and supposes
the existence of a genuine document of which the forgery is in some way a false
representation
• falsely purports to have been drawn up by somebody other than its author (for
example, X forges the name of Y as the drawer of a cheque , or X with the same name
as the payee of a cheque, endorses the cheque to his own advantage by forging the
payee’s signature)
• is signed in the name of a non-existent or fictitious person (this does not apply where
a person uses a pseudonym in signing a document)
• falsely purports to be a copy of a non-existent document

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• falsely purports to contain information which it did not originally contain (such as
figures, dates or the place where it was made)

1.2.3.1 Attempted forgery

Attempted forgery is possible when for example:
• the writing on the material is not legible
• the perpetrator is prevented from completing the false document
• the perpetrator’s pen or ink runs dry during the course of making the document or signature
• the forgery is so clumsy that it could not have deceived an ordinary man

Attempted crimes, such as forgery pose immense problems for the courts because
questions as to whether an act constitutes a completed or merely attempted crime has
to be answered.

Scenario 3

A mechanic has forged the signature of the original owner to transfer the vehicle into
the name of the new purchaser.

Activity 2

How many counts of fraud do you think have been committed in above scenario?

Feedback
2

The first offence would be forgery and the second one would be determined by whether or
not the action of deceiving is completed.

Source: tattoopinners.com

Source: larry-adams.com
Figure 2: Examples of a forged driver’s licence

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1.3 UTTERING
Some of the generally distinctive features of fraud have already been mentioned in
the crime of fraud and forgery. However, investigators need to be introduced to the
phenomenon of uttering in its context. It is almost impossible make an endless list of
all forms of fraud or to categorise them. Apart from that, it is important that we discuss
uttering. A distinction must always be made between the act of preparation and the act
of consummation.

1.3.1 Definition of uttering

The crime of uttering consists in intentionally and unlawfully and with intent to
defraud, putting off (act) a false document which causes actual prejudice or which
is potentially prejudicial to another.

1.3.2 Elements of uttering

The essentials for prejudice and intention to defraud are the same as those for fraud. In
essence, uttering means the presenting of a forged document to another person, while
representing it as genuine. The essentials of the false document are the same as those of
forgery. As for the unlawfulness, grounds of justification may also be raised in defence.
The only remaining element is the act, “putting off”.

1.3.3 The act

The words, utter, offer and put off mean nothing more than that the perpetrator tendered
or attempted to pass or make use of the instrument. They do not imply that the person
to whom the instrument was tendered accepted or retained it, or was in the way of being
deceived by the fraudulent attempt.

It is not necessary for the person, to whom the document is tendered, to actually accept
or read the document. The mere fact that it was tendered to him is sufficient to constitute
uttering. If the document does not reach the person it will amount to attempted uttering.
The handing over of a forged document to an accomplice, who is aware of the fact that it
is forged and has as yet not uttered the document himself, does not constitute an uttering.
The perpetrators can, of course, be charged with conspiracy to utter a forged document.

1.4 THEFT BY FALSE PRETENCES VERSUS FRAUD

Though it is not discussed, a person who is convicted of theft by false pretences may
equally be convicted of fraud. Theft by false pretences is a narrower concept than fraud.
For the purpose of fraud, the prejudice suffered could either be of patrimonial or non-
patrimonial nature, whereas theft by false pretences is committed only if the prejudice
arises from the handing over of a moveable corporeal object.

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In the case of fraud, the crime is completed as soon as the misrepresentation, which
may cause prejudice, has been made. In the case of theft by false pretences, the crime is
committed only when the property has been handed over.

If misrepresentation did not lead to the handing over of a moveable corporeal object,
such as a high-definition television set, laptop computer, gold necklace, etc., but to the
acquisition of some other non-patrimonial benefit such as a marriage licence or a free
lodging, then the crime of false pretences has not been committed but the crime of
fraud has.

1.5 THE VALUE OF EVIDENCE

Circumstantial evidence must be without gaps and consistent to prepare a water-tight
case. Many fraud cases lose direction because collecting evidence from overwhelming
details and documents can be very difficult.

As an investigator, you must focus on the elements of that specific crime or transgression
and not just gather evidence for the sake of gathering it. Too much evidence can either
help or hurt a case.

It is recommended that basic procedures to handle all possible evidence in fraud cases
are required for it to be accepted in a court of law.

Investigators, whether criminal or civil, must prove that the evidence presented before
an internal hearing or the court of law is relevant. Here are few general rules regarding
the collection of evidence:
• all evidence must be properly identified
• a proper chain of custody must be maintained
• original documents must always be obtained
• unnecessary touching of evidence must be avoided
• a proper record system for easy reference must be maintained

1.5.1 Methods of obtaining evidence

As previously mentioned some fraud matters are difficult to investigate. It often happens
that a person who is likely to provide material or information with regard to an alleged
offence refuses to do so, which he or she is entitled to do when approached by investigators.
In order to assist criminal investigators in obtaining this information the law placed the
existing section 205 on the statute book. The following three methods are used to
obtain evidence. (Remember that it may not be possible to obtain certain evidence if the
investigator does not belong to recognised law enforcement agencies.)
• A subpoena issued by a court on application can preserve the production of evidence.
A subpoena is usually served without the awareness of suspect from the third party
such as a financial institution and others.
• Search warrants, issued by the court on presentation of evidence of probable cause to
believe the records are being used or have been used in the commission of a crime.

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 The investigator must give a reason(s) for the warrant and furnish the name of the
place where the evidence is thought to be kept. Courts do not issue warrants without
sufficient proof.
• Search warrants are never used in civil cases. Corporate investigators are advised not
to search without a warrant or written consent.
• Voluntary consent. This can be verbal or in writing. If the information is obtained from
the person who the investigation is levelled against, the consent must be in writing.

1.5.2 Applicable law of evidence

Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded
if the admission of that evidence would render the trial unfair or otherwise be detrimental
to the administration of justice. The Constitution of the Republic of South Africa, 1996 in
section 35(5) makes provision for the exclusion of real, documentary and oral evidence
which has been unconstitutionally obtained. Can you think of an example of any material
evidence that may violate the right of an individual?

Should the investigator fail to measure up to the requirements of the Constitution when
gathering evidence and neglect the rights of individuals during the investigation process,
they run the risk of allowing persons (suspects or accused) who might subsequently be
convicted by a court of law for a criminal offence to escape on the technicality that you
failed to respect their constitutional rights.

1.6 GENERAL POINTS ABOUT A FRAUD INVESTIGATION

Many fraud-related offences are investigated by following a trail of missing or false evidence.
Police in conjunction with the office of the public prosecutor conduct criminal investigations
for various types of fraud. However, fraud in general may be prosecuted in a criminal or civil
action or both, either in sequence or simultaneously. Police investigators are responsible for
investigating certain conduct that can be defined as a crime. If the conduct of an individual,
whether in corporate environment or not, does not meet the requirements of a crime,
police investigators have no mandate to investigate. It is therefore of utmost importance for
corporate investigators to foresee the investigation if it is within their corporate environment.
The decision to turn company contravention over to appropriate law enforcement or
regulatory agencies for independent investigation will be made in conjunction with the
legal advisor and senior management, as will final decisions on the disposition of cases. The
results of investigations conducted by the corporate investigation unit will not be disclosed
or discussed with anyone other than those persons associated with the company who have
the legitimate need to know in order to perform their duties and responsibilities.

It is important to guard against damaging the reputation of persons suspected, but

subsequently found innocent of wrongful conduct, and to protect the company from
potential civil liability.

It is also important for police criminal investigators and corporate investigators to

distinguish between crimes, delicts and civil liabilities such as those that may arise from
a contract between two parties.

13 FOR2603/1
Police investigators are not responsible for enforcing or investigating matters that are
regulated by private law such as delicts and civil liabilities.

By far the most important is the ability to know how and where to look for and obtain
information. The investigation work for both police and corporate fraud investigators
consists of:
• assembling evidence from documents and interviews
• analysing available evidence
• writing reports (affidavit statement) of the findings, and
• dealing with prosecutors and courts

In fraud cases, the issue usually is not the identity of the suspect, but whether the conduct
constituted fraud. If the suspicion of fraud remains intact after analysing the evidence,
the investigator must proceed to interview witnesses or the suspect to support the
circumstantial (indirect) evidence.

1.7 CONCLUDING REMARKS

The identification of key elements of fraud, forgery and uttering can significantly aid
the process of investigations. It will also help in the determination of whether a crime is
committed. Identifying fraud elements is one of the most difficult steps, especially when
some of the acts can either be criminal or civil. As an investigator, you must have a good
understanding of the legal aspects involved because fraud activities are always hidden.

To investigate fraud requires that you know the nature of different kinds of fraud. Once
there are such indications of fraud, forgery and uttering, the investigator develops a
hypothesis and looks for evidence to prove it. Such evidence can come from documents,
interviews, observation and other physical clues like fingerprints. All this requires a bit
of knowledge of financial and managerial accounting, corporate financial management,
computer skills, a good knowledge of the legal environment, and communication skills.
That is the reason why the services of seasoned and knowledgeable investigators are in
demand in the corporate world.

If you would like to learn more about various field of fraud investigation, please see the
list of references. Investigators cannot be expected to investigate all types of fraud, but
should strive to do their best at investigating one particular type of fraud.

Activity 3

Compare the elements of the three offences discussed and determine if there are any
similarities.

Determine which one of the above offences cannot be committed without the other
offence taking place.

14
LEARNING UNIT 2
Traffic-related offences

2.1 INTRODUCTION
In the previous learning unit we discussed three interrelated crimes, that is fraud, forgery
and uttering. In this learning unit we look at the crimes often committed on roads. The
leading cause of traffic violations and motor vehicle collisions are distracted drivers, driver
fatigue, drunk driving, speeding, aggressive driving, weather, hazardous road conditions,
unsafe vehicles and pedestrians. The effective investigation of any offence depends on
the correct techniques employed. There are many ways to do this and the approach to
the investigation depends on what you are facing as far as the threat is concerned. It
may differ from organised crime or individual crimes. It is the duty of an investigator to
bring the perpetrators of traffic offences before the court with acceptable evidence. This
is possible with the help of experts in forensic collision. The investigator must remain
vigilant when investigating a collision scene because you may be faced with physical
violence by two differing drivers.

2.2 DEFINITIONS
Vehicle – is defined as a device designed mainly to travel on the wheels or crawler
tracks and includes such a device which is connected with a drawbar to a breakdown
vehicle and is used as part of the towing equipment of a breakdown vehicle to
support any axle or all the axles of a motor vehicle which is being salvaged other
than such a device which moves solely on rails.
Driver – is defined as any person who drives or attempts to drive any vehicle or
who rides or attempts to ride any pedal cycle or who leads any draught, pack or
saddle animal or herd or flock of animals.
Public road – is defined as any road, street or thoroughfare or any other place which
is commonly used by the public or any section thereof or to which the public or
any section thereof has a right of access, and includes:
 the verge of any road, street or thoroughfare
 any bridge, ferry or drift traversed by any such road, street or thoroughfare, and
 any other work or object forming part of or connected with or belonging to
such road, street or thoroughfare

2.2.1 Traffic offences

A traffic-related offence can only be committed if three requirements are present. If one
of these requirements is not present, a traffic-related offence has not been committed,
and you will not be able to prosecute such a person.

15 FOR2603/1
The following actions are considered as offences:
• Providing false information
In terms of the National Road Traffic Act 93 of 1996, a person (driver) who provides
false information, either to mislead the official in order to avoid liability commits an
offence.
• Reckless and negligent driving
Section 63(1) of the National Road Traffic Act 93 of 1996 stipulates that no person,
driver, shall drive a vehicle on a public road recklessly or negligently.
• Duty to report an accident
A driver whose vehicle is involved in or contributes to any accident on a public road
in which any person is killed or injured or suffers damage in respect of any property
or animal is obliged to stop his or her vehicle immediately, ascertain the nature and
extent of any injuries and damage sustained, and render assistance to any injured
persons. The person has to report such incident at a police station or the nearest traffic
department within a reasonable time or within 24 hours after the accident.
• Driving under the influence of intoxicating substances
There are two offences that can be committed in this instance; driving while under the
influence of such substances and driving with an excessive amount of such substances
in the driver’s blood or breath.
– The engine should be running and the person must have been in the driver’s seat.
– Normal driving skills and judgement necessary to drive a car were diminished or
impaired.

2.2.2 Elements of a traffic offence

The following three requirements constitute a traffic offence:
• The offence must have taken place on a public road.
• A person must have committed the offence. In other words, there must be a driver.
• The driver must have driven a vehicle on a public road while committing the offence.

2.3 CAUSES OF A TRAFFIC COLLISION

• Abuse of alcohol by drivers and pedestrians
• Dangerous, reckless and/or inconsiderate driving, particularly barrier line infringements
• Fatigue, especially among public passenger drivers
• Pedestrian negligence
• Speeds too high for prevailing conditions, especially during inclement weather and
at night
• Vehicle fitness, particularly tyre failure and defective brakes

2.3.1 Scene of incident

• a person is killed
• a person is seriously injured
• a government vehicle is involved in a collision
• it appears that a serious offence has been committed

16
When traffic is heavy and spectators start gathering one or more law enforcement
members should be singled out to control the traffic and bystanders to prevent further
collisions occurring and evidence from being tampered with.

The attention of the investigator is drawn to the duties and powers relating to the control
of traffic and crowds. These duties and powers are vested in him orher by various rules,
regulations and orders. Municipal and provincial traffic officials may also be called on to
render assistance when necessary.

2.3.2 Priorities at the scene of incident

It is important that the first member who proceeds to the scene of incident has already
determined his/her priorities, even if the circumstances at the scene will dictate what
must be done first.

The following priorities must be borne in mind:

• Emergencies
Where people’s lives are involved, sometimes emergencies dictate the procedure to be
followed. For example, when you arrive at the scene and the suspect shoots at the people,
the arrest of the suspect will be your first priority. Sound judgement and the manpower
available will determine what action to take if more than one emergency situation exists.
For example, if the victim is drowning and the offender is escaping while only one police
official is available, a decision must be taken in a split second. In this instance, saving life
will be the first priority. If the police official sees that nothing can be done to save the
victim, the arrest of the suspect will then be the first priority.

• First aid to the injured

Urgent first aid to the persons injured, irrespective of whether they are suspects, witnesses
or victims is in most cases the first priority of the first responder. Preserving life and
limiting further injuries often dominates all other considerations. The police official who
arrives on the scene first must be able to apply first aid. If necessary, medical assistance
must be summoned without delay, including an ambulance for moving injured persons
to hospital for medical attention. The humanitarian priority of providing first aid can
become a secondary priority by the presence of a dangerous suspect, particularly when
the suspect attempts to kill and injure or threaten other people. If the suspect is injured,
arrangements must be made to provide a police escort to the hospital.

• Deceased persons
When the body of a person is found at the scene of crime or incident, the police or medical
personnel must immediately determine whether the person is still alive by examining
the body’s vital signs. If it is obvious from the observation of deadly wounds or injuries
that a person is dead, no expert assistance to confirm this fact may be required. When
there is no doubt that a person is dead, the corpse must remain untouched for purposes
of follow-up investigations.

17 FOR2603/1
• Suspect at or near the scene
If the police are summoned timeously to the scene of a crime, it is possible that a police
official may witness the crime and arrest the suspect. A suspect found at the scene must
be warned accordingly and then be questioned to decide whether he or she should be
arrested or not. It is advisable to take a statement from the suspect immediately because
he or she may refuse to cooperate at a later stage. Any suspects must be removed from
the scene as soon as possible to reduce the possibility of them studying the scene to
establish what evidence could implicate them. They may also attempt to destroy or
tamper with crucial exhibits.

2.3.3 Persons injured or killed

It should immediately be established at the scene whether there are any persons that
sustained serious injuries or are deceased. Where it is possible, injured persons should
receive immediate first-aid treatment by a health professional before being removed to
a hospital or medical facility without delay. When it is obvious that a victim is dead, the
body must be moved to a position out of sight of the public and be covered. Arrangements
must then be made for the body to be removed to the mortuary as soon as possible so
that an autopsy can be carried out and the deceased can be identified. Care must be
taken to ensure that any clues or marks on the road are neither damaged nor destroyed
until a sketch plan or preliminary investigations has been completed.

2.3.4 Observations at the scene of collisions

Have you noticed how passers-by/observers and so on will converge on the scene of
collision as soon as it happens? This behaviour is often called “spectator valley” in the
media. It is important that careful note is taken of the following so that the investigator
can form a holistic picture of what happened while at the scene of a collision without
being distracted by passers-by:
• The date and time of the collision.
• The exact location where the collision took place.
• The distance from the point of impact to where the vehicle(s) came to a standstill.
• In what position(s) was/were the vehicle(s) and in what direction was/were the vehicle(s)
facing?
• Were there visible tyre tracks or skid marks on the road?
• The place where the victim(s) were lying or found after the collision.
• The position the victims were lying in. In which direction was the head facing?
• Visible marks or damage to the vehicle after the collision must be recorded precisely.
• Who was/were the driver(s) who drove away in the vehicle(s) after the collision?
• Did the driver of the vehicle stop after the collision? If not, were there witnesses who
took note of the registration number, make or any other particulars of the vehicle that
can be of assistance? Will anybody be able to identify the driver?
• Was the vehicle taken to a garage for repairs after the collision? If so, note what repairs
were necessary and determine ownership.
• Were the brakes and steering wheel found to be in working order?
• Was it light or dark?

18
• Was there sufficient light for the driver to see in front of the vehicle? Notes must be
made on the nature of the street lighting at the scene of the collision
• Was the road clear, was it cloudy or was it raining? If not, what was the condition of the
road? If it was another vehicle, was it moving or stationary? Was it necessary for the
driver to swerve and was he or she able to do so? Did the driver swerve to the right?
• Did another vehicle overtake?
• How far was the victim (pedestrian) when the driver saw him or her for the first time?
• Did the driver apply the brakes or did he or she drive away? If so, how far from the
point of impact did the driver reduce speed?
• Did the driver give any signal or sound the horn? Take note whether or not the hooter is
in working order and whether it is loud enough to be heard from a reasonable distance.
• At what speed was the vehicle travelling? (only in the case of an eye-witness). When
evidence regarding speed is provided, it is not advisable to state a specific speed
under oath, for example 50 km per hour. It is sufficient to state that the vehicle was
travelling at between 40 and 60 km per hour.
• Who are the witnesses? Record the number of passengers.
• Were the lights of the vehicle(s) on bright or were they dimmed?
• What section of the vehicle (mudguard, bumper, fender, etc.) made contact with the
victim?
• Did the vehicle drive completely over the body of the victim or only over a part of the
body? If the latter, mention which part of the body.
• According to the driver, what was the cause of the collision? Did he or she make a
statement or pass any remarks to anyone after the collision?
• Exactly where were the witnesses at the time of collision?
• Could they see the collision clearly?
• According to the witnesses, what was the cause of the collision?
• Was the victim immediately taken to the hospital, if so, how was he or she transported?
It is advisable for a victim of a collision to be examined by a health professional or
taken to a hospital. It has already happened that a victim who received no apparent
injuries died a few hours or days later from internal injuries sustained during a collision.
• Was anyone killed, slightly or seriously injured? Was the victim unconscious?
• Can any additional information be provided?

2.3.5 Sketch plan

A sketch is a rendition of the collision plan. It is a record of the vehicles, objects, layout
and measurements of the road, size and distance of things at the scene of the collision.
The advantage of sketch is that it covers essential details only; in addition, it indicates
distances or spatial relationships between items of evidence, indoors or outdoors.

There are two types of sketches that are produced during a motor vehicle collision, that
is a rough sketch and a finished (completed) sketch.

19 FOR2603/1
• Rough sketch
The rough sketch, a free-hand representation of all essential information, including
measurements, is made at the scene of crime/accident. Because of variation in sketching
abilities, it is best to use a pencil to effect changes when needed.

• Finished sketch
This sketch is more accurate, its lines are clean and straight. It is often perfected by
typesetting or drawn using a computer. The finished version is usually prepared later
when time is available; it uses information from the rough sketch, notes and photographs
taken at the crime scene.

Rough sketch Finished or completed sketch

Source: Rochdaleonline Source: Globalsecurity

Figure 3: Rough and completed sketches

Motor vehicles that are involved in a collision must be removed from the road surface as
soon as possible. A vehicle that causes an obstruction or is a danger to other traffic must
be removed immediately. If the road surface is tarred or cement, mark the position of the
vehicle with paint, chalk or any object that can be used. If it is a gravel road, shallow holes
can be made with a tyre lever or a small object or pegs can be driven into the ground.

A case docket must be opened immediately in cases where:

• a person is killed or seriously injured
• government vehicles are involved
• it is clear that a serious offence has been committed or where someone expressly
prefers a written complaint of the road accident
• an officer decides that a case must be opened after he has studied accident report

2.4 INVESTIGATION OF A MOTOR VEHICLE COLLISION

As soon as the scene of accident/collision has been cleared, the drivers and witnesses must
be questioned so that a clear picture of the incident can be obtained. The investigator
must remain completely objective during the investigation. If there is any reason to believe

20
that a driver of a certain vehicle committed an offence, he or she must be cautioned as
to his or her rights before being questioned.

One of the first requirements in the investigation of a motor vehicle collision is to establish
beyond doubt who the drivers of the vehicles were at the time of the collision. Particulars
of the drivers must be obtained, including full names, residential and business addresses,
contact details and if they reside outside the jurisdictional area, the name of the police
station that serves their particular area must be recorded. If the explanations of the drivers
differ regarding as to how the collision took place, these must be noted in writing. The
statements should be taken at the scene of the collision. The drivers should be requested
to produce their drivers’ licences since they are compelled by law to have the licence with
them at all times while driving. If the driver is a learner driver who was driving under the
supervision of a licensed driver, the latter must also be requested to furnish his or her
licence.

It must also be established whether the drivers involved were under the influence of
alcohol or any other substance.

When one driver expressly directs the attention of the police to the fact that the other
driver is under the influence of a substance, such driver must be examined by the district
surgeon unless it is obvious that the driver has not consumed any alcohol. In cases of
driving under influence of alcohol, it is essential to prove that the suspect did in fact
drive the vehicle. This evidence must be obtained on the scene of crime, if possible, and
reduced to writing.

When a driver is injured and taken to hospital before a breath analyser (breathalyser)
can be carried out on him or her and it is suspected that he or she is under the influence
of alcohol, immediate arrangements must be made with the district surgeon or health
professional to administer a blood test to determine the alcohol level in the driver’s
blood. Arrangements must also be made for a blood test if a driver is killed in a collision.
The names, addresses and other particulars must be obtained from as many witnesses
as possible. All details necessary to complete prescribed forms must be obtained.

The damage to the vehicle(s) in the collision must be described accurately. If the vehicle
had been damaged prior to the collision, this fact must be mentioned. Describe exactly
which section of the vehicle was damaged. Ascertain whether the vehicle was examined
immediately after the collision and if so, by whom.

In all cases where the driver alleges that his vehicle’s brakes failed or it is suspected that
the collision was caused as a result of defective brakes, arrangements must be made to
have the brakes tested by an expert/professional as soon as possible. Establish whether
the drivers are in possession of the ignition keys of the vehicles. If the ignition wires are
connected, this may be an indication that the vehicle was stolen. The registration numbers
on both plates should be checked on the database of stolen vehicles. Also check the
licence disc/third party on the windshield as they may be forged.

21 FOR2603/1
2.5 CONCLUSION
Traffic officials are the most likely law enforcement officials to enforce the provisions of
the National Road Traffic Act 93 of 1996. Police officials also have the authority to ask the
driver to produce their licence for inspection and to demand the names and addresses
of persons found in the driver’s seat while the engine is still running. Most people do not
regard traffic fines as serious matters. It is vitally important for you to realise that section
341(1) of the Criminal Procedure Act 51 of 1997 also allows peace officers to issue a traffic
violation notice to alleged offenders when they stop them.

A traffic collision investigation is characterised by gathering evidence to successfully

support prosecution of the law violation, or violations that contributed to the collision.
Scientific principles are involved in a crash:  perception/reaction time, sight distance,
distance, time and speed, etc.  These concepts require knowledge and understanding
of applied mathematics and vehicle dynamics.

Activity 4

Practise how to draw a rough sketch and a final sketch of a motor vehicle collision scene.

22
LEARNING UNIT 3
Drug-related offences

3.1 INTRODUCTION
The use of drugs and other dangerous substances has led to the commission of crimes
such as theft, housebreaking, fraud, shoplifting, forgeries, firearms-related offences, traffic
violations, arson, sexual assault offences, robberies and murders. In their operational
environment, various law enforcement officials have come into contact with these crimes
on a daily basis. The abuse of prescribed drugs and other illegal drugs has become a
serious problem in our society. As an investigator, you are under the obligation to deal
with crimes pertaining to drugs. It is vital that you become familiar with types of drugs
and what action to take at the scene, handling, medical examination, packaging and the
dispatch of blood samples for examination.

3.2 DEFINITION OF A DRUG

A drug is a medicine  or other substance which has a  physiological  effect
when ingested or otherwise introduced into the body. Can you think of any
examples?

A number of offences can be committed while someone is under the influence of

substances. Drugs can be prescription or non-prescription, with non-prescription being
referred to as street drugs. It is important for an investigator to be familiar with the types
of crimes committed by drug users, from petty thieves to armed robbery. Drugs can also
lead to the commission of other crimes.

3.2.1 Prohibited drug-related offences

The term drug is often associated with cocaine and mandrax as the only illicit drugs
in the drug dealing and trafficking world. Although these two types of drugs are
popularly known, they also incorporate many other substances that are more powerful,
widespread, serious and more damaging to society than many of the common ones.
Despite this, alcohol is often not regarded as part of the drug problem. The public is
inclined to be far more fearful of cocaine, heroin, morphine and others than alcohol.
This is understandable because the latter poses no immediate and observable threat to
life and property. From the law enforcement point of view, they are compelled to pay
attention to prohibited drugs. However, the lives of many people have been destroyed
by the abuse of alcohol.

23 FOR2603/1
3.2.2 Types of prohibited substances/drugs
Narcotics can be abused by smoking, sniffing, or intravenous injection. They can provoke
unpleasant reactions. In the field of medicine, they are used to relieve pain, suppress
coughs, and control diarrhoea. The following substances are most likely to be marketed
by drug dealers:

Source: mattbuechnerconsulting.com Source: jacksonvillecriminalattorneyblog.com Source: healthtap.com

Figure 4

Cocaine and crack – these drugs are powerful stimulants and used as painkillers or stimulants.
A concentration of cocaine can lead to psychotic outbursts, disorientation and death. Cocaine
is synthesised into a deadly form of cocaine in clandestine laboratories to a powerful level
of drug. Upper level cocaine is known in the streets as crack. Crack is a freebase form of
cocaine that can be smoked, mixing powdered cocaine with baking powder and water.

The mixture is dried until it hardens and then cut into small chunks of rocks.

Source: blog.heart.org Source: ottawacitizen.com Source: digitaljournal.com

Figure 4.1

Marijuana (dagga) – refers to the cannabis plant and any extract of it. Marijuana is
produced by drying the leaves and flower tops of cannabis. It can cause psychic change
in humans. This drug is commonly used in the streets. When saturated or laced with more
drugs, it becomes very dangerous. The mixtures often lead to overdose and dependency.

Source: krwg.org Source: cbsnews.com Source: belowthelion.co.za

Figure 4.2

24
Heroin – is a white powder with a bitter taste. This drug is sold on the street. It is dark in
colour, and may vary from dark brown to black.

Source: stopheroin.net Source: Wikipedia.org Source: interventionsupport.com

Figure 4.3

Morphine – a small amount of morphine is used for medical purposes, converted to

codeine or hydro morphine. This is the most effective drug to relieve pain. It is marketed
in the form of white crystals, hypodermic tablets, and prepared for injection.

Morphine is administered intravenously, intramuscularly and subcutaneously. It is alleged

that morphine users rapidly develop tolerance and dependency symptoms.

Source: sciguru.org Source: drugs.com Source: npr.com

Figure 4.4

LSD (Lysergic acid diethylamide) – has a high potency and is usually sold in different
forms of tablets of impregnated gelatine or paper. Tolerance to LSD can develop rapidly.

Source: dailymail.co.uk Source: news.narconon.org Source: freeadwala.com

Figure 4.5

Methamphetamine – this drug causes intense and at time uncontrollable manic behaviour
in addicts. Its effects are comparable to those of crack. Overdoses are fatal and its high
lasts two to 14 hours compared to crack’s ten minutes or more.

Source: Wikipedia.org Source: amsu-health-6a.wikispaces.com Source: addictionsearch.com

Figure 4.6

25 FOR2603/1
PCP (Phencyclidine) – side effects of PCP are delirium and confusion. This drug is also called
angel dust, crystal, super grass, killer weed, embalming fluid and rocket fuel. It may be
sold as a powder, liquid or tablet. PCP is applied to a leafy material such as marijuana, mint
and parsley and then smoked. This drug can cause a sense of detachment, numbness, loss
of coordination, or slurred speech as well as a false sense of invulnerability and strength.

Source: indiamart.com Source: haikudeck.com Source: blog.novusdetox.com

Figure 4.7

Designer drugs – these are drugs designed from other uncontrolled substances but their
chemical structure and pharmacological effects are similar to the illicit original drug (a
combination of other substances that cause hallucinogenic effects). Designer drugs have
pharmacological or mood-altering properties that make them attractive to potential uses.
Examples are Ecstasy, LSD and PCP and K2, etc.

Source: nbcmiami.com Source: teamfortcollins.org Source: addictionpregnancy.ca

Figure 4.8

3.2.3 Effects of drug abuse

The effects of drug abuse and addiction by users tend to differ based on the particular drug
involved. Have you ever seen anyone who is under the influence of drugs? What behavioural
characteristics did you notice? The common effects of abuse or addiction to any drug
can be devastating. Psychologically, intoxication with or withdrawal from a substance
can cause everything from euphoria as with alcohol, Ecstasy, or inhalant intoxication, to
paranoia with marijuana or steroid intoxication, to severe depression or suicidal thoughts
with cocaine or amphetamine withdrawal. In terms of effects on the body, intoxication
with a substance can cause physical effects that range from marked sleepiness and slowed
breathing as with intoxication with heroin or sedative hypnotic drugs, to the rapid heart
rate of cocaine intoxication, or the tremors to seizures of alcohol withdrawal.

Investigation of drug use and drug trafficking for trial is difficult to prepare without using
good intelligence techniques, such as the use of informers, undercover work and other
various techniques.

26
3.3 ALCOHOL AND TOXICOLOGY
Blood and urine can be analysed to determine alcohol and drug concentrations. Forensic
laboratories have the ability to determine the alcohol content of blood and to provide
expert testimony as to these findings. The Forensic Science Laboratory in Pretoria also
has the capability to do toxicological analyses of biological specimens for the presence
of drugs. The alcohol and drug levels of blood and urine can assist in determining the
level of intoxication of a person while driving a motor vehicle.

3.4 SEARCHING FOR DRUGS

The police have many powers vested in them under the Criminal Procedure Act 51 of
1977; these include the powers to arrest, search and seize, and the power to investigate
the commission of crime. In drug-related investigations, the necessity to prevent the loss
of valuable evidence is quite evident. The searching of persons, containers and premises
is under certain circumstances of utmost importance. This task cannot be executed
without considering all relevant aspects. Sometimes radical infringements are made on
the rights of the individual when his or her person, or a container or premises under his
or her control is searched. In terms of section 36 of the Constitution some rights may be
limited only in terms of law of general application.

The purpose of a search must only be to achieve the aim of the investigation, which is to
gather evidence. The conduct of the investigators or police must always be within the
boundaries to respect people’s human rights. When a search is conducted unlawfully
or without acceptable grounds, the police official who conducts the search commits an
offence in terms of the provisions of section 28 of the Criminal Procedure Act 51 of 1977.
This illustrates the intention of the legislator to protect the interests of all persons to
ensure order in society. This action also infringes a person’s right to privacy as contained
in section 2 of the Constitution and anything discovered during an unlawful search may
be excluded from any subsequent trial in terms of section 35(5) of the Constitution.

Although police are empowered to conduct lawful searches in certain circumstances, the
law stipulates how these powers may be used. Police officials are not legally compelled to
exercise these powers but are permitted to exercise discretion. It is expected of police to
regulate their actions within the bounds of rationalism and consideration. A search must
always be conducted in a manner that promotes the maintenance of law and order and
Ubuntu without prejudicing policing.

Besides considering the principles of reasonableness and the exercise of discretion, the
following basic requirements must be complied with during a search:
• Self-control, calmness and thoroughness must be exercised by the investigator. This
ensures that his or her colleagues, experts and members of the public will place their
trust in the investigator, promoting cooperation and efficiency.
• The investigator must make a preliminary survey of the scene. This enables him or
her to obtain a complete picture of the situation, which will determine the method
of searching.

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• The investigator must compile a written report with respect to the scene which
must, inter alia, contain a detailed description of the scene and all the surrounding
circumstances. This report is of great evidential importance and particular attention
must be given to:
– the nature and locality of articles which have been seized, and
– any event or occurrence which is relevant (for example the action of suspected
persons)

All investigators must be conversant with their powers and authority regarding searching,
including the legal restrictions placed thereon, more especially the procedural requirements
set out in the Criminal Procedure Act 51 of 1977 and the Constitution.

3.4.1 Searching a suspect

Searching of drugs is somewhat different from other types of cases, such as looking for
physical evidence that has been hidden, on the person, dwelling, or in a vehicle. The
investigator must be aware of searching in unusual hiding places where drugs may be
hidden. Clothing and personal property should be examined carefully. Thoroughness
and experience of the investigator will be of aid in the search.

3.4.2 Searching a dwelling

Places such as small cases, film cans, hollowed-out compartments in canes or umbrellas,
lining of clothing, luggage, and similar items may conceal evidence. Investigators should
be on the alert for intelligence information such as telephone and address books, names
and telephone numbers on loose pieces of paper, etc. Each item of evidence must be
correctly marked for identification and properly preserved. Walls should be checked to
see whether they were replastered and wall pictures and backs of television sets and
radios should also be examined. When evidence is located, it should be brought to the
lead investigator to maintain an evidence log and the search should then be continued.
It is important to search each room a second time, for evidence overlooked during the
first search might be noticed in the subsequent search.

3.4.3 Searching a vehicle

Searching of motor vehicles should be conducted in a systematic and thorough manner.
The vehicle can be divided into three areas for the search:
• the front end
• interior
• rear

The interior of the vehicle is often used for concealing drugs. The seats should be removed
from the vehicle and carefully searched. The area behind the dashboard, the door side
panels and floor are possible areas to hide drugs.

28
3.5 COLLECTION AND DELIVERY
The Forensic Laboratories Section makes kits available for the collection of blood and
urine samples for drug-related cases. These kits are obtainable free of charge from
the laboratories on request and can be forwarded to the laboratory servicing your
area by placing the sealed kit in the internal mail service. Following the blood alcohol
determination, the sample will be forwarded by the laboratory to the Central Forensic
Laboratory for the drug screen, if required.

Even though the sample containers have preservatives, be sure to avoid extreme heat,
such as the dashboard or boot of a car in summer. The instructions on how to use the kit
will be found on the exhibit bag.

3.5.1 Packing of substance exhibits

When a great quantity of narcotic plant material is seized:
• a small representative sample (2–6 grams) must be taken from each bag and in the
case of tablets, all unknown tablets which are found must be forwarded to the FSL
• an estimated weight/amount must be mentioned in the accompanying memo and
not the precise amount as this can lead to discrepancies in court
• the samples must be properly packaged to avoid damage
• do not use enormous amounts of packing material as this can lead to mistakes
• powdery samples must be placed in a special packet before they are packed
• the following information must be contained in the memo
– police station name
– reference number
– details of the investigators
– address where forensic findings must be sent

• official seal reference number must be placed on the inside and outside of the package
• exhibits must be forwarded to the FSL without delay

3.6 DRUG INVESTIGATION

Illicit drug investigations cannot effectively be conducted without good police intelligence.
Drug dealers, traffickers and users do not hand themselves over to police and controversial
techniques, such as undercover investigations, sometimes have to be used to identify
perpetrators. In addition to specialised drug investigation techniques, all the basic methods
of crime investigation should be used. The use of informers, undercover work and other
various investigative techniques must be exploited to investigators’ advantage. Drug
investigation is often conducted by the specialised investigative units in the police.
However, the success of such investigations depends on the skills and ability of undercover
investigators to interact with drug dealers and users. A clear understanding of the language
commonly used by drug users and dealers will add an advantage for criminal investigators
who work in the drug field. It is important to note that at all times that drug investigations
are dangerous. Drug dealers are very organised and can use money gained from illicit

29 FOR2603/1
dealing to take on investigators if they feel threatened by investigations. Furthermore,
drug investigators may slip into illegal activities they are involved in, especially where
money is concerned. Resources play a very big role in the planning of a drug investigation.

Before embarking on a drug investigation, the following factors have to be evaluated:

• manpower
• time
• equipment
• money
• modus operandi (MO) files
• identification photos
• offence records
• fingerprint records
• firearm registration records
• warrant files, etc.

An investigator can obtain other useful information from a variety of sources not mentioned
above. It is the duty of the drug investigator to maintain the integrity of information
provided and verify its authenticity. Since criminal investigators are becoming computer
literate, searches on different databases and the internet can be made to assist in solving a
drug investigation. Sources of information are innumerable and investigators must become
familiar with those that will be most beneficial in the specific type of drug investigation
they are conducting.

For example, during the investigation, drug stores can be used to obtain the names and
address of the physician who prescribed the drug as well as the date on which it was
prescribed. Witnesses and victims are another source of information, just like informants.
It is important not to expose sources of investigative information since drug cases can
be extremely dangerous. Witnesses may fear becoming involved in drug-related cases
for harm to themselves, their loved ones, or their business. They might also just find
these cases too sensitive, too risky, too unpleasant and too frightening. It is impossible to
provide a complete list of information sources available to drug investigators. However,
investigators must use their ingenuity, initiative, personal network and willingness to work
hard to solve drug-related cases just like any other investigation. An investigator must
not underestimate the skills or determination of the drug dealers and users, though on
the other hand, they should not be viewed as super humans.

Activity 5

Provide a list of information sources that you think may assist you in the investigation a
drug case.

Feedback
3

Information can be received from various sources, including informers and the investigator’s
organisation.

30
3.6.1 Areas of drug-related investigations
Once an investigation into any type of drug-related case has been initiated, it is critical
that the investigators document every investigative step taken during the investigation
process. Very important in prioritising drug investigative work is some kind of objective
determination of the relative importance of the case. Here are some of the types of drug
investigations:
• traditional investigations
• surveillance
• undercover and informant operations
• cooperative interagency investigations
• international investigations involving two or more countries

Narcotics investigators are judged by their product that exhibits pride and expertise.
There are no simple formulas for drug investigations.

3.7 CONCLUSION
The key to solving drug-related offences lies with witnesses and victims. The drug
investigation units or divisions are very large in so far as the number of police officers,
funding and resources are concerned. The activities of these units are supported by funds
that pay for investigation expenses, such as drug purchase money or informant payments.
In drug cases, evidence is vital in securing a conviction in court.

Narcotics investigators will achieve varying degrees of success in their investigations if

they use the skills learned on the job. It is possible for a narcotics investigator to become
an expert in the drug investigation field. It is not technical skill alone which ultimately
distinguishes the truly outstanding investigators in the field; it is a combination of traits
embodied in the investigator’s attitude.

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LEARNING UNIT 4
Public violence

4.1 INTRODUCTION
Violent incidents in public locations are caused by an interaction of several variables.
Because the main victims of public violence in our society are young, working-class males,
this has had a major effect on how this violence is popularly conceived and the state’s
reaction to it. One of the dominant causes that contribute to public violence is identified
as alcohol and public drinking. Acts of public violence includes violent destruction of
public and private property, intimidation of people, ransacking and burning of public and
private property during public protests that turned into violence, or illegal gathering. It
is not only alcohol and public drinking that cause public violence. Among other factors
that often tend to be a major cause of public violence is the frustration with poor service
delivery or inadequate responsiveness from local governments. This boils over into
displays of public violence, which is sometimes exploited by criminal elements who loot
shops and businesses.

4.1 DEFINITIONS OF PUBLIC VIOLENCE

 Public violence is the unlawful and intentional serious disturbance of the public
peace and order by a number of unruly persons/group.
 The unlawful and intentional commission, by a number of people together, of
an act or acts which assume serious proportions and which are intended to
forcibly disturb the public peace and tranquillity or to invade the rights of others.

4.2 THE ELEMENTS OF PUBLIC VIOLENCE

Public violence has characteristics or elements common to other crimes. Crimes such as
assault, theft, robbery and malicious damage to property may be committed simultaneously
with public violence. For example, section 258 of the Criminal Procedure Act 51 of 1977
states that a conviction of public violence is a competent verdict on a charge of murder
or attempted murder, provided that public violence was proved.

For example, churches and schools are often vandalised or even torched and this may
amount to a crime of arson, bigotry or hate crime in the case of churches. However, the
investigator must follow the leads to prove which crime was actually committed.

Please see the elements of public violence below.

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4.2.1 Act(s)
Public violence is committed when a group of people unlawfully and intentionally disturb
the peace and tranquillity of the public in a violent manner.

Example: when a group of quality service delivery protesters get out of hand and start
to destroy public or private buildings, assaulting those not participating in the protest
and looting, including gang fights and faction fights.

For action to meet the requirements of public violence, perpetrators must act together.
An act by a single person does not qualify to be public violence. However, if a group of
people commit public violence but only one is identified during the investigations, that
person can be charged with and be convicted of the crime committed.

Though there are contradictions on the number of people it takes to commit public
violence, it is sufficient that five be involved in the act. The number of people involved
will differ from case to case.

4.2.2 Unlawfulness
A group of people, who are forced to participate in the unlawful act, cannot commit
public violence. Therefore a ground of justification can exist in public violence as a private
defence (self-defence).

Example: where a group is involved in a faction fight with a splinter group and it defends
itself, the latter may rely on a private defence ground.

4.2.3 Intention
A group of people can only commit public violence intentionally. Perpetrators should
have conducted themselves with a common purpose to forcibly disturb public peace and
tranquillity. The action of committing public violence can arise as planned or spontaneous.

Scenario 4

Twelve students who were arrested for public violence appeared in the Magistrate’s Court.
The group was alleged to have embarked on a violent protest, demanding accommodation
at the College and financial aid. In the process, the students allegedly emptied fire
extinguishers around the offices and set some of the offices alight.

Activity 6

Determine if all the elements of public violence were met in the above scenario.

Feedback
4

One of the elements is unlawfulness; see if you can find other elements of public violence offence.

33 FOR2603/1
4.3 INVESTIGATION OF THE CRIME SCENE
It is very important for an investigator to be familiar with the different types of resources
and experts that may be of assistance during the investigation at the crime scene of
public violence. These resources and experts can assist in the reconstruction of the scene
and must be summoned to help. The experts can render continuous assistance until the
investigator feels that all clues and evidence have been gathered to trace the suspect for
trial purposes. A proper survey of the crime scene must be conducted prior to searching.
This will ensure that all the boundaries of the crime scene are thoroughly covered. The
investigator must ensure that there is a coordinated effort to search the crime scene for
essential and potential evidence. A proper record of what transpired at the scene with
all the necessary information must be maintained.

Handling of evidence found at the scene of crime must be limited to the lead investigator
to ensure that continuity of possession is maintained. The investigator in charge of the
crime scene can assign other important roles to investigators who know how to investigate
public violence. Sufficient evidence must be collected in order to connect suspects
involved in the commission of public violence.

4.3.1 Investigation of public violence

The investigation of public violence can be very difficult, particularly because it is a group
action and victims hardly know the members of the group. For example, it will be difficult
for a victim to identify perpetrators involved in a public protest other than a few gang
members. As an investigator, it is important that you understand characteristics of public
violence in order to efficiently deal with it when incidents of that nature take place.

The same principles of investigating malicious damage to property or assault can be applied
to investigate public violence. The following guideline can be used in the investigation
of public violence:
• Visit the crime scene
• Identify sources of information at the scene, namely
– evidence at the scene
– witnesses (bystanders), victims, informants and the suspects if is still at the scene
– members of public order policing
– experts
– video surveillance, if available

• Obtain statements
• Prepare the case
• Trace/arrest the suspects

The investigator who attends to scenes of public violence will have to focus on gathering as
much information as possible to reconstruct the crime scene and identify the perpetrators,
and possibly even some witnesses. In practice it can happen that the investigator will
receive a public violence case to investigate without having been at the scene during the
incident. It is nevertheless very important that investigators visit the scene to ensure that

34
the procedures followed at the crime scene complement the investigation process. The
success of public violence investigations largely depends upon information. Information
of activities observed prior to the public violence act is extremely important. They can
provide information needed for interviewing purposes and to make an arrest.

4.4 TAKING OF STATEMENTS

A statement must be obtained from each and every person who was involved in processing
the crime scene and those who were somehow involved in public violence, namely:
• police officials who were dealing with the violent incident and who were actively
involved (arresting of suspects and seizing of exhibits)
• experts who were called to the scene
• the investigator who attended the scene
• other roleplayers, for example the magistrate who denied suspects permission to hold
a demonstration that sparked public violence
• victims who were injured, robbed or assaulted
• eyewitnesses who provided information about the crime
• the suspect’s investigative statement (warning statement)
• the suspect’s confession/admission arrangements

4.4.1 Aspects that should be reflected in the witness statement

In order to venture into public violence investigations, it is important that you understand
the factors that caused the public violence. These are:
• time, place and duration of the protest
• the reason for the public violence
• number of participants and whether they all acted together with the same intention
• status of participants, for example union members, political group or a group of angry
scholars
• full description of suspects (personal descriptions can be of great value)
• whether they were armed
• whether anyone was injured in the incident
• whether any property was damaged and, if so, the value thereof
• a description and value of any stolen property
• manner in which the violence ended

Scenario 5

Thirteen people have been arrested for public violence in Rekgaratlhile, after foreign-
owned shops were allegedly looted.

Activity 7

How would you approach the investigation of this incident and obtain all statements of
the arrested people?

35 FOR2603/1
 Feedback
5

Arrange for manpower to assist you in identifying the suspects and separate them from
potential witnesses. Conduct interviews to confirm their facts and then ask members of your
team to obtain the statements.

4.5 CONCLUSION
It is the role of an investigator to fully comprehend the elements of public violence, how to
conduct preliminary and follow-up investigations at the scene of crime in order to identify
those who perpetrated public violence crime. These roles are played in conjunction with
the assistance of other essential roleplayers, such as a finger print expert, photographer,
draughtsman for sketches; public order police, etc. Methods and techniques used to
investigate other crimes can also serve as a guiding tool to successfully investigate public
violence offence, especially crimes that may be committed along the lines of public
violence.

An investigator must consider witnesses, informers and experts as the most essential source
of information. Remember that public protest may be the source of public violence, robbery,
theft, assault, intimidation, attempted murder and even murder. While investigating public
violence, information may lead to the investigation of these crimes. Every valuable lead
must be followed and examined and each step taken towards identification of evidence,
collection, packaging and individualisation must be carefully planned. (See comment on
self-assessment questions.)

36
LEARNING UNIT 5
Arson

5.1 INTRODUCTION
The use of fire to destroy property makes it a crime of arson, irrespective of whether
the offence is committed without financial gain. Although there are other psychological
explanations differentiating arsonists from other offenders, setting fire maliciously in
public places or any other areas is strongly prohibited. The purpose of this unit focuses
on the illegal part of fire setting. It is suggested that fire-setting offences may appear
in a variety of motives; such as financial gain, pathological fire setting, unconscious
sexual conflicts, and passive-aggressive behaviour. These are not the only known
motives for committing arson. There are many more, however, it is important for an
investigator to establish the motive prior to rushing into an investigation. That is why
it is important for you to determine the motive for setting fire during the preliminary
investigation of arson.

5.2 DEFINITION
There are plenty of words and phrases that have been used to describe the crime
of arson, however, for this unit, one definition has been singled out to serve as a
guide.

Arson is committed when a person unlawfully and intentionally sets fire

to immovable property belonging to another or sets fire to his/her own
immovable insured property with intention of claiming its value from the
insurer.

5.3 EVIDENTIAL REQUIREMENTS

Arson can only be committed in respect of immovable property. If movable property is
set on fire the crime of malicious damage to property may be committed, provided that
the other requirements for this crime have been complied with. The crime is constituted
the moment the property is set alight. Someone will be guilty of arson if they set fire to
their own insured property in order to obtain the insurance money. Intent is a necessary
requirement to constitute the crime. Intention to damage the property by setting fire to
it causing patrimonial harm to another is required.

37 FOR2603/1
5.3.1 Elements of common fire

Source: maritime.org

Figure 5

This triangle is of cardinal importance when determining the cause of the fire and its
unlawfulness. In this respect, the investigator is dependent on the report from a fire expert.

5.4 MOTIVES FOR ARSON

Before studying different motives for arson, it is important to reflect on this. What do you
think are the common reasons why people start fires? Vandalism and malicious mischief
are frequent motives perpetrated by juveniles who start fires and burn property merely
to relieve boredom or as a general protest against authority.

5.4.1 Specific motives for arson

To accomplish arson investigation, it is essential to establish the motives that drive a
person to commit arson. Depending on the circumstances of the case, the following can
motivate a person to commit arson:

• Insurance fraud
A business person who finds himself/herself in financial difficulty may decide that the
easiest way out is to set fire to the business and claim the insurance money.

38
In the same way, his or her fear that his or her embezzlement of company funds is about to
be discovered by auditors may lead that person to set a building alight (financial records)
and in so doing destroy the evidence.

• Obtain monopoly
In an attempt to obtain a monopoly of the furniture trade, manufacturer may set fire to
a rival factory to gain power over the monopoly.

• Concealment or obliteration of evidence of another crime

A suspect may set fire to a house or other building in which he or she has committed a
murder in an attempt to destroy possible physical evidence and to hamper the investigation
or even to prevent the identification of the dead body.

5.5 SEARCHING THE SCENE OF A FIRE

A full description of the scene is required after the fire has been put out. It is important
that the scene and all relevant objects and features be left undisturbed until they have
been photographed.

The scene must be thoroughly and systematically searched keeping the following factors
in mind:
• The scene must be searched before any tidying up can commence.
• Be aware that the search takes place under dangerous conditions and the possibility
of collapsing damaged structures.
• Senior or experienced firemen who attended to the fire should accompany the
investigator in order to establish accurately where the fire started.
• The place where the fire started must be carefully searched for any remains of flammable
and explosives.
• Traces of accelerants are significant and must be carefully searched for, especially
on floors, carpets and soil, the latter having excellent properties for the detection of
flammable liquids.
• Indications of flammable accelerants are vital and it must be remembered that the
Forensic Science Laboratory can make a significant contribution to the identification
of burnt material and can demonstrate the unlawful nature of arson conclusively with
the aid of chemical analysis and other scientific techniques.

Examples of flammable accelerants that must be searched for are: petrol, paraffin,
methylated spirits and paint thinners, together with their containers.
• Any physical clues or exhibits seized must be handled in accordance with the standing
instructions.
• Note must be taken of anything unusual on the scene such as broken locks or windows
which could indicate that the premises have been burgled.
• The well-known fire triangle must be borne in mind when investigating arson since
fire can take place only where these elements are present.

39 FOR2603/1
5.6 FOLLOW-UP INVESTIGATION
Once the onsite investigation has been completed, the owner or occupier of the premises
must be questioned in depth. Information on the following matters can be very useful
to the investigator. Arson investigation begins as a fire investigation; that is establishing
the fire’s point of origin and its cause, as well as any other evidence at the scene.

5.6.1 The investigation process

Arson is one of the most difficult matters to investigate, since the crime is planned precisely
so that direct evidence is in most cases unavailable. Possible physical clues on the scene
are drastically interfered with and often completely destroyed by the fire-fighting or
emergency procedures. The investigation into the cause of a fire is a highly specialised
and professional task which criminal investigators cannot undertake by themselves.

Close cooperation with members of fire brigade and other criminal-technical experts is
of the utmost importance in the successful investigation of arson or suspected arson. In
most cases, the fire department would investigate the arson. The primary disadvantage
of fire fighters conducting an arson investigation is that they lack expertise in criminal
interviews and interrogations, familiarity with criminal laws, and contacts that are often
needed in the public prosecutor’s office. They are unfamiliar with methods of obtaining
search warrants and legally seizing evidence, and the authority to arrest.

The fire department is only responsible for fighting the fire and determining the fire’s
origin and likely cause. The police investigators are called to investigate and given a full
report of the fire department’s findings.

In addition, police investigators are skilled in criminal investigations, including skills

required for searching for evidence, interviewing and interrogating individuals, making
legal arrests and complying with other legal requirements.

5.6.2 Preliminary investigation

The process of arson investigation starts as soon as the complaint of a fire is received and
observations while the fire is still burning are often of decisive importance. The following
points must constantly be kept in mind during the initial investigation:
• Experts in the fire brigade can sometimes discover vital evidence while fighting the
fire, that is sprinkler systems turned off, fire doors wedged closed, gas burners left
on, and so on.
• They often characterise the cause of fire as unlawful on the basis of factors such as
the place or places where the fire was started, the heat and temperature obtained,
the degree of combustion, the spread pattern, the place at which the fire spread, and
the time of ignition.
• Important observations that can be made while the fire is still raging include the colour
of the flames (red may point to the presence of petroleum products and blue to the
presence of alcohol), the colour of smoke, that is black smoke is caused by burning
rubber and oil products and characteristic odours are released by various accelerants.

40
• It is vitally important that colour photographs be taken (the colour of the fire helps
investigators to determine what might have caused the fire) while it is still burning
and also of the crowd watching the fire as vital witnesses or even perpetrators may
be traced in this manner.
• Once the fire has been extinguished the whole area must be cordoned off and taken
charge of by the lead investigator to ensure that any remaining physical clues are
protected against damage.

5.7 TRACING OF THE OFFENDER, ARSONIST

Apart from the motive assisting to detect the perpetrator it is recommended that the
modus operandi followed in the particular case is compared with the MO of known
arsonists in an attempt to trace the supposed offender.

Informers can also play an important part because arsonists sometimes boast about their
exploits in bars, when with their peers and in other public places.

Photos taken of the crowds at the scene of a fire may reveal the presence of a known
arsonist or may show an individual who repeatedly appears in photographs taken at a
fire indicating a possible suspect.

If a suspect is arrested shortly after the fire his or her body and clothing must be thoroughly
examined for possible burn or scorch marks sustained when starting the fire. (Traces of
accelerants on hands/clothing.)

Enquiries at hospitals and doctors in the surrounding areas may confirm that the suspect
was treated for burns, and the precise time of medical treatment may help confirm or
refute an alibi.

The home, possessions and vehicle of a suspect must be searched for any incendiary
apparatus, accelerants and traces which may link him or her to the scene of crime. (Obtain
warrant if possible.)

5.7.1 Characteristics of arsonist

The following are the general characteristics that have been described by experts in the
field of arson investigation:
• typical male arsonist
• adult revenge fire setter
• child fire setter
• adolescent fire setter
• excitement fire setter
• attention-seeking male arsonist
• female fire setter

Besides the different types of fire setters mentioned above, let us briefly discuss the
characteristics of pyromaniacs below.

41 FOR2603/1
5.7.1.1 Pyromaniacs
Pyromaniacs are arsonists, but not all arsonists are pyromaniacs. The primary motivation
for pyromaniacs is sensual satisfaction or release of sexual tension by setting fires. It is
alleged that many of the pyromaniacs are young males of average intelligence from
broken or disruptive families.

5.7.1.2 The hired torch

The hired torch is a professional who sets fires for financial profit. Professional fire setters
are frequently psychopaths (someone with a personality disorder). They share some
characteristics with non-professional arsonists. They tend to be male, single, divorced, or
in an unstable marriage. Professional arsonists have average or above average intelligence
and usually come from the middle-income level. Professional fire setters plan their crime
carefully, preparing the facility the day before, spending as little time as possible at the
scene of the fire, and going home, to a bar, or some other place to establish an alibi.

Others usually employ them, but they may be businessmen or other professionals. Arson
fires are the highest loss fires within communities. For example, a devastating fire that
was set in Cape Town in 2015 burned and destroyed trees, destroyed houses and caused
a loss of life and property, while also leaving many animals dead.

Scenario 6

A man who killed two children when he set their shack alight was sentenced to life
imprisonment by the High Court. He was arrested after two children died in a shack he
had set alight. He was sentenced to two life sentences for two counts of murder, five
years’ imprisonment for arson, and three years’ imprisonment for assault with intent to
do grievous bodily harm.

Activity 8

List all the offences in the scenario and determine which offence was the main charge
in the scenario.

Feedback
6

One of the offences committed by the man in the scenario is assault. See if you can find other
charges.

5.8 THE ROLE OF THE FIRE INVESTIGATOR

The fire investigator is a specialist operating in a unique field with technical training that
is necessary to collect and evaluate information and identify criminal activity in situations
where others perceive only confusion and chaos. The primary role of a fire investigator

42
is to determine the truth, just like any criminal or private investigator. The investigator
must complete a post-fire examination of the structure that is the subject of a suspicious
fire and determine the cause and origin of the fire.

To complete this task, interviews must be conducted, evidence collected, and comprehensive
reports of all findings prepared in the form of an expert statement in terms of section 212
of the Criminal Procedure Act 51 of 1977. The investigator must know and understand the
rules governing proper crime scene techniques, the significance of interviewing strategies,
and the technical requirements of fire science.

If there is no evidence of criminality, the investigator must shift to his or her secondary
role; to identify and move against those responsible. A fire investigator who has reason
to believe that arson was committed is morally and professionally obligated to develop
the case fully. Good information is vital to the successful conclusion of an arson case.

5.8.1 Criminal versus private investigations

Law enforcement and private investigators employ and apply investigative methods
differently to conduct their investigations. Law enforcement investigators, better known as
detectives, investigate crimes, not civil matters. Private investigators investigate both crimes
and civil matters. But, when a private investigator investigates a crime, it is because he or
she has been hired by someone to do so, not because it is his or her duty to investigate
crime for the purpose of apprehension and prosecution. By contrast, police investigators
do not investigate civil matters. Criminal investigators can learn from investigators
who work in the private sector. For example, police do not trace debtors who default
on their loan payments, or investigate if someone suspects their spouse of infidelity.
Private investigators are not concerned with a crime scene and physical evidence such
as fingerprints or DNA samples.

Private investigators make extensive use of public and private records and often investigate
civil matters. Private investigators may be concerned with the following:
• theft
• fraud
• vandalism
• burglary
• background checks
• pre-employment checks
• undercover work

Private investigators do a great deal of work for

• law firms
• insurance companies
• family investigations
• missing persons
• tender investigations
• business in general

43 FOR2603/1
In other countries, private investigators require a licence to practise. The licensing of
private investigation may be legislated to increase accountability and for ethical reasons.
To read more about private and civil investigations, it is vital that you check your library
for books or literature with more details or make use of the internet. The following are
ten functions that both law enforcement and private police perform:
• prevention
• protection
• enforcement
• detection
• investigation
• deterrence
• emergency services
• reporting
• inspections
• general services

Police investigators cannot solve crime investigations without public support; they need
all the help they can get to access more information about a specific crime. There is a
need for cooperation and exchange of information to solve criminal cases. It is imperative
for criminal investigators to involve private investigators at the basic level during the
investigations depending on the circumstances. This can help especially when both
investigators exchange information that can assist in solving the case.

Activity 9

Can a private investigator make a case against a corrupt police officer? Motivate your
answer.

Feedback
7

Find more information to support your answer before attempting to answer the question in
the above activity.

5.9 CONCLUSION
Investigating any crime is a challenge. However, fire departments have the primary
responsibility to suppress fires. They are experienced in firefighting, in determining the
origin and cause of fires, and have a dedicated interest in apprehending arsonists. The
reason for putting the fire department in a position of responsibility for arson investigation is
that police investigators seldom have any training in this area. However, police investigators
are often used to foresee cases to court. Even though the fire department is responsible
for arson investigation, they often use the police department’s crime laboratories and
police records and work together. The police will always be involved in arson investigation,
especially when other crimes are covered up, such as murder.

44
The expertise of the police and fire departments is needed in an arson investigation.
Together, the fire officer and police officer gather evidence at the fire scene, mark and
preserve it, and see that it is transported at the appropriate time to the laboratory for
analysis. The police investigators would then follow up on investigative leads, check
police files/records, work with the prosecutor in obtaining search warrants, subpoenas,
and arrest warrants.

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LEARNING UNIT 6
Robbery

6.1 INTRODUCTION
Robbery is considered a very serious crime. This crime should not be confused with the
crime of burglary, it is a personal crime and involves face to face contact between the
victim and offender. Victims of burglary often claim that they were robbed. Weapons are
often used or strong-arm robbery may occur through intimidation, especially when the
perpetrators threaten victims with the total number of members. The primary motive for
robbery is to obtain money or valuable items such as cellular phones, expensive watches, etc.

The advantage of robbery over other types of crime is that it is quick, easy and requires
little planning and preparation. A large number of robberies are committed using firearms.
Incidents of burglary are not actually robbery unless the burglar encounters someone
in the structure and uses force or threatens that person as a means of completing the
theft. For example, pickpocketing and purse snatching are not really robberies unless
the victim resists and is overpowered.

6.2 DEFINITIONS OF ROBBERY

 Robbery is the unlawful and intentional use of violence or threats of violence to
induce another to submit to the theft of property under his or her immediate
control.
 Robbery is defined as the theft or attempted theft, in a direct confrontation
with the victim, by force or the threat of force or violence.

This crime has weighed down people throughout history and continues to capture the
attention of society and various law enforcement agencies.

6.3 REQUIREMENTS FOR ROBBERY

The same requirements for theft are applicable in the case of robbery. To put it bluntly,
robbery is theft by means of violence. Only movable objects can be robbed, obviously
without the permission of the owner. The robber must have known the permission was
absent.

There must be causation between the violence (threats of violence) and the acquisition
of another’s property. The violence should, however, precede the acquisition. The test is
subjective. Elements of robbery are:
• the wrongful taking of personal property from the person’s presence, and
• the taking of property against the person’s will by force or threat of force

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6.3.1 Patterns
Attempts have been made to classify and explain the character and dynamics of robbery.
The following are the five patterns of robbery:
• Robbery of persons employed in positions placing them in charge of money or goods.
For example, robbery of banks, stores, offices, jewellery stores, or other places where
money changes hands.
• Robbery in open areas. This includes mugging and street robbery (common robbery).
• Robbery on private premises. This represents crimes in which perpetrators break into
houses and rob residents.
• Robbery after preliminary association of short period. These types of robberies occur as
a consequence of a chance meeting in a nightspot or party or after a sexual encounter.
• Robbery after a previous association of some duration between victim and offender.
These are considerably less common than stranger to stranger robberies; estimated
account of this robbery is high.

Activity 10

What are the elements of the crime of robbery?

Feedback
8

The specific elements of robbery clearly distinguish it from other offences, such as burglary
or theft. Even though robberies are classified into categories, you should prove each element
separately to ensure that you understand them. Each element must be proven.

6.3.2 Types of common robberies

• Commercial robberies: stores and banks
These robberies occur at the end of a week during the evening and very early morning
hours. Many are committed by persons with criminal records; their methods of operation
(MO) can sometimes be easily established. The MO can be compared with other robberies
with similar MOs to identify the suspect. Many stores use video cameras to record business
transactions and customers in the store and this footage can be used as evidence later on.

• Street robberies
The most common type of robbery is the one committed on public streets and in alleys.
These robberies are committed with a weapon, a handgun or a knife and usually take
place at night. The victim and the robber are usually on foot.

• Residential robberies
This is the most terrifying type of robbery because an armed intruder breaks into a house
and holds residents at gun or knifepoint. These robberies often begin as a housebreaking

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and “turn” into an armed robbery once the intruder discovers that there is someone in
the house and uses violence to complete the theft.

• Vehicle robberies
The victim of the vehicle robbery is often the driver and occupants. Such vehicles include
delivery vehicles, taxis, buses, petrol tankers and so on. People involved make easy targets
for the robber because they frequently work alone or in pairs in the populated areas of town.

6.3.2.1 Methods of operation

Criminals have different fixed ways of operation. These methods tend to be developed
early in their robbery lifestyle and seldom change. If the robber becomes aware that a
way of operating may provide tracing clues to uncover his or her identity, the robber will
conform to other actions developed during robbery attempts. The majority of robberies
involve the following characteristics:
• method of acquiring the thing (object)
• selection procedure
• entry method
• escape method
• actions prior to display of force
• actions prior to escape
• display of force

Successful robbery investigations tend to detail the offender’s method of operation (MO).

6.4 PRELIMINARY INVESTIGATION

In response to a robbery scene, the care of injured parties must be prioritised. As an
investigator you must keep in mind that the robbery scene is a crime scene, where valuable
evidence may be present. Possible locations of fingerprints and other evidence such as
cartridges should be protected. Witnesses should be located and statements taken regarding
descriptions of the suspects and their vehicles so that information can be broadcasted.

When obtaining information from witnesses, you should first separate them to minimise
discussion about the robbery and provide patrol officers with separate suspect descriptions.
It is important during this stage of investigation to get descriptions while witnesses’
recollection of the crime is still fresh. Accuracy and speed is crucial at this stage of
preliminary investigation.

6.4.1 Hints about the investigation of robbery

Remember that robbery and other crimes are investigated by police. There is no way that
this crime can be dealt with privately, this is no civil matter. In cases where cash-in-transit
and other bank-related robberies are reported, it is imperative that a coordinated working
procedure in the investigation thereof takes place. These crimes must immediately be
reported to the coordinator of the Serious and Violent Crimes Unit, where the information
will be processed in order to assist in the investigating process.

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It is important for serious and violent crime investigators to get to the scene of the crime
as soon as possible to conduct interviews with the complainant and witnesses while they
are still at the scene. Should there be injured persons, remove them from the scene for
medical treatment. Complainants should be thoroughly interviewed because it often
happens that they fabricate the fact that they were robbed. A thorough investigation
at the crime scene regarding fingerprints, tracks, spent cartridges and bullet projectiles
should be undertaken.

Bullets, cartridges and firearms that are found at the scene must later be sent to the Forensic
Science Laboratory for ballistic examination. A fingerprint expert and photographer must
be summoned to the scene to search for any possible evidence that may be used in the
investigation. A description of suspects and their mode of transport must be circulated
as soon as possible. Enquiries must be made around the scene to enable patrol in order
to trace the suspects and potential witnesses. Informers must be provided with details
of the case and the description of the suspects.

Establish intelligence on which employees and other individuals knew of the complainant’s
movements and interview them intensively. The suspect’s movements must be investigated.
When a suspect is arrested, he or she and his or her residence and possessions must be
searched. The same applies to possible accomplices. Enquiries regarding the stolen goods
must be made at pawnshops and second-hand goods dealers.

In case the complainant sustained injuries, a medical report must be obtained. When
necessary, check the bank accounts of the suspects and the complainant. It is necessary
to obtain a subpoena in terms of section 205 of the Criminal Procedure Act 51 of 1977 for
this purpose. Property that is recovered and is suspected to be stolen must be inspected
by the complainant. When suspects are arrested, an identification parade can be held.
In serious cases the parade must be photographed and videotaped. Persons arrested
for motor vehicle theft and illegal possession of firearms must be considered possible
suspects. If the suspect is unknown, available photographs of the known robbers can be
used in an attempt to identify the actual perpetrators.

If a vehicle was used in the robbery, it must be examined on recovery, for clues such as
fingerprints and palm prints that may identify the suspects. Individuals who are arrested
must be interrogated thoroughly, and this procedure must be conducted in accordance
with the administrative guidelines contained in the Constitution. Where a spate of
robberies occurs at a particular place, for example at bus stops and places where people
congregate regularly, the use of surveillance cameras from a nearby building may help
to identify the culprits.

Activity 11

Where intimidation poses immediate danger to life, health and property and the advantage
demanded and received consists of money or anything which can be stolen, and at the
time of intimidation it is in the victim’s possession or in his or her immediate custody,
what offence is committed?

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 Activity 12

Which two crimes may have been committed in the activity above?

9Feedback

The similarity in this regard is that the same actions pertaining to robbery can amount to
extortion in so far as the advantage is obtained by means of intimidation.

6.5 PHYSICAL EVIDENCE

The crime scene must be processed as soon as possible after physical evidence has been
identified. Evidence in robberies may take several forms, including fingerprints, fired
cartridges, blood stains, video cameras, etc. The value of evidence at a robbery crime
scene is immense. It is essential to conduct a thorough search of all surfaces in or near
the scene that the robbers might have touched. These surfaces include counter-tops,
doors and door handles, cash registers and computers, and any furniture encountered
by the suspects.

Shell casings or cartridges may also provide important evidence of a robbery. In case of
bank robberies, some banks may use ink-tainted money to aid in capturing the robbery
suspect.

Activity 13

What types of physical evidence may be present at a robbery scene?

10 Feedback

Items such as cartridges and fingerprints can be found at the scene of the robbery. Refer to
the physical evidence section and see if you can find more information.

6.5.1 The role of witnesses

Witnesses are not likely to remember specific details of a robbery because of the violent
nature of the crime and the imminent threat of injury. One of the reasons is that victims
try to avoid being harmed during a robbery rather than focusing on how the crime was
committed and other details. It is important to gather as much information as possible from
any witnesses. It is vital that witnesses be separated so that their individual perceptions
of what happened will not influence other witnesses. The exchange of dialogue between
witnesses might alter the way in which some witnesses recall an event. Interviews should
be conducted regarding both the event and details about the robber(s).

50
You can expect to receive different interpretations of what occurred from witnesses
because no two people will perceive a situation in exactly the same way. The investigator
should question the truthfulness of the witnesses’ stories. Information obtained from
witnesses must be with regard to specifics, such as scars, language used, tattoos and
other significant particulars about the suspects. The following leading questions can be
used to help draw out details:
• What did you notice most about the robber’s appearance?
• What were the most noticeable features about the robber’s face?
• Was there anything unique or unusual about the robber’s manner of speech?

These questions can encourage witnesses to stop and think about specific details regarding
a crime.

6.6 SIMILARITIES AND DIFFERENCE OF EXTORTION AND

ROBBERY
• In the case of robbery the advantage can be money or any moveable item that can
be stolen.
– In extortion the advantage can be just about anything

• In the case of robbery the advantage must have been obtained at the time of the
intimidation or immediately thereafter.
– Extortion is committed even though the intimidation takes place long before the
advantage is obtained.

• In the case of robbery the intimidation or violence must have been aimed at the life
of the victim.
– In extortion the intimidation can also be aimed at the victim, his or her possessions
or even the life or integrity of a third person

6.7 CONCLUSION
The first officer on the scene should cover the most likely exit from the robbery location.
Assessing the situation, it is his or her job to direct other responding officers to cover
other escape routes. If possible, a determination should be made as to whether or not
the robbery is still in progress before officers enter the building. If the robbery is still in
progress, entry into the structure should not be authorised. If the suspect sees the police,
the officer should make every attempt to convince him or her to surrender. Under no
circumstances should the first-arriving officer enter the location without assistance.

Once on the scene, the officer should apprehend the suspect if possible. First aid must
then be rendered if victims have been injured. Witnesses must be located and questioned
thoroughly.

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LEARNING UNIT 7
Firearms

7.1 INTRODUCTION
Many of the firearms crimes are encountered at robbery crime scenes. Robbers carry
firearms to the scene when committing robbery. Should it be necessary to handle a firearm
at the scene before the investigator arrives, the latter must be informed in detail of the
original locality of the firearm. The removal or moving of the weapon can otherwise result
in faulty situation identification. The standard applies to all other exhibits. Whenever a
firearm is handled, care must prevail so that fingerprints and gunpowder residue thereon
are not destroyed. Fingerprints can ascertain who handled the weapon, especially those
found on the magazine and on the live rounds in the firearm. By hooking a wire or similar
object through the trigger guard of the weapon, the loss of important evidence can be
prevented.

It is vital that a firearm must be made safe before it is subjected to any form of examination.
This must be done carefully without obliterating. Ammunition, cartridge cases and
discharged bullet heads must be handled with care. A firearm leaves identifiable marks
on a cartridge case or bullet head, while the mechanism of the magazine leaves its own
imprints on ammunition. Careless or thoughtless handling of these objects can bring
about additional marks or cause the obliteration of existing marks. This causes incorrect
impressions, is misleading, and makes positive identification difficult.

7.2 DEFINITION OF FIREARM

A firearm is a gun, pistol, or rifle normally tubular weapon or other device designed
to discharge projectiles or other material in order to inflict damage or harm to
living beings, structures, or systems.

The most common firearms-related offences that investigators have to deal with include
among others armed robbery, murders, possession of unlicensed firearms, the pointing
of firearms, the unnecessary discharge of a firearm in a public area and negligence with
firearms.

Firearms tests assist investigators in deciding the impact of the weapon that was fired.
Ballistics forms the major part of investigation where firearms-related offences are involved.

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7.3 EXHIBITS: COLLECT, PRESERVE, INVENTORY, PACKAGE,
TRANSPORT, AND SUBMIT EVIDENCE
It is important that exhibits are handled in the correct manner to ensure that their evidential
value is not underestimated because discharged bullet heads and cartridge cases are
often the only physical evidence found on a crime scene. The following guidelines should
not be viewed as a fixed set of rules but rather as broad guidelines as to what can and
must be applied in practice:
• Under no circumstances may any markings be made on the bullets or cartridge cases.
It is preferable that exhibits be placed in separate, marked containers/exhibit bags.
• It is important to make a clear distinction between the fired cartridge cases of the left
and right-hand or upper and lower barrels of a double-barrel shotgun so that they
cannot be mixed up.
• The cartridge cases removed from a firearm must be kept separate from the other
cartridge cases found on or near the scene of the crime or in the possession of a suspect.
• When a cartridge case or ammunition is taken out of the chamber of a firearm, special
care must be taken that neither the cartridge case nor the weapon is in any way marked
or damaged. It sometimes happens that a cartridge of ammunition or cartridge case
remains jammed inside the chamber. In such cases the weapon must preferably be
brought by hand to the Forensic Science Laboratory. Where this is not possible, this
fact must be pertinently mentioned in the covering letter.
• Every piece of evidence found, no matter how damaged or how small, must be
forwarded for examination. Only an expert will be able to determine whether there
are any identifying markings after a microscopic investigation.
• Neither the muzzle nor the chamber of a firearm may be wadded with cotton wool,
pieces of cloth or any other material.
• When a health professional (qualified doctor or nurse) removes a bullet from a body, he
or she must be very careful not to damage the bullet with a metal object. Immediately
after a bullet has been removed it must be rinsed in water and allowed to dry naturally.
This bullet must be kept separate from any other bullets.
• Fired bullets, especially those made of lead, must be wrapped in paper (not cotton
wool) before packaging. This must be done as soon as possible since markings on
bullets are often destroyed as a result of negligent and excessive handling.
• Investigating officers must take note that a firearm must be examined by the ballistics
examination section at the Forensic Science Laboratory (FSL) before the etching
process starts (to render the serial number legible). The acid used in the etching process
unavoidably comes into contact with parts of the weapon causing unique markings
to be eliminated and individualisation of the weapon is consequently impossible.

In the following cases, it is compulsory that firearms and fired ammunition be sent to the
ballistics section of the FSL:
• All firearms (including ordinary, home-made) involved in murder and armed robbery
cases.
• All fired cartridge cases and bullets found on the scene of a crime irrespective of
whether any suspects are known.

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• All weapons involved in a shooting incident of which the mechanical operation is in
dispute must be sent to the FSL.

In the following cases, firearms, cartridges and bullets must be sent to the FSL at the
discretion of the lead investigator. In the absence of investigator, the discretion must
rest on the team leader of the investigators or a senior member if the investigation unit
does not exist:

• Suicide cases: only where there is doubt that the weapon was used in the commission
of suicide or where there is a real suspicion that the deceased committed another
crime with the weapon. Suicide is an act of intentionally killing oneself.
• Where police members were involved in shooting incidents: only where it is suspected
that a member of the police could have or committed another crime with the weapon.
• Air rifles and air pistols with grooved barrels, and suspect projectiles where it can
actually be proved that they were used in a crime
• Illegal hunting
• Found firearms: only if they are found on/with a person who can be connected with
a crime.

With regard to firearms found, the following should be stated in the covering letter to
the FSL:

• a brief description of the circumstances and the date on which the weapon was found
• if the weapon was stolen, the respective dates on which the theft took place and
when the weapon was found, as well as the relevant reference numbers (station and
CR/CAS number).
• any previous laboratory examinations or other references which may be relevant must
be provided

7.3.1 Packing exhibits

Packing of exhibits must always be done carefully and correctly and sealed as this simplifies
handling, expedites examination and preserves the chain of evidence. The following
points must be kept in mind:

• Pack exhibits thoroughly to prevent damage.

• Firearms and other attachments such as magazines must not be packed when loaded.
• Place loose exhibits in suitable containers, package or envelopes.
• Parcels must be thoroughly wrapped.
• Avoid using thin envelopes which tear easily because exhibits can get lost.
• Apply the official seal more that once and ensure that the seal number is legible.
• Mark the package/envelop clearly with the station reference number.
• Attach the covering minute to the package in such a way that it can be removed
without breaking the seal.

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7.4 EXHIBITS AND CLUES
• An exhibit is physical material which can be presented in court as proof of certain
relevant facts.
• A clue is relevant information which is gathered and applied during the process
of investigation in an effort to trace physical evidence. It is therefore a directive or
suggestive fact or principle in an investigation.

7.4.1 Exhibits
As soon as the scene is under control, and has been conserved and observed, searching
of traces, seizure, handling and safe keeping of exhibits begins. This process of collecting
evidence is commonly executed at the scene, on the victim, the suspected person and in
the vicinity of where the latter is found. Considering that the collection of evidence forms
an integral part of the process of searching, the nature of the crime and the circumstances
at the scene will determine how and where the investigator will search for exhibits and
what he or she will seize.

If any doubt regarding the evidential value of an object exists, the object should be seized.
It is easier to dispose of unnecessary material at a later stage than to rectify mistakes. All
objects which may have a bearing on the commission of a crime must be collected and
conserved in the condition in which it was found. Although handling and safekeeping
are two independent notions with different meanings, it is difficult to separate them in
this context. To safeguard exhibits, handling inevitably must take place.

Handling and safekeeping are aimed at the achievement of a common purpose, namely,
special treatment of evidential material.

7.4.2 Clues
As in the case of collecting exhibits, the processes of control, conservation, observation
and searching are also applicable to the tracing of clues. Thoughtless action can lead to
the loss of clues.

By conducting extensive enquiries among persons at the scene and in the neighbourhood,
the investigator can gather valuable information which can lead to the tracing of evidential
material. Obtaining the particulars of a vehicle which was observed in the vicinity before
the crime was committed often leads to the offender (s) being located.

By making use of informers in the vicinity of the scene of crime, the investigator can
obtain information which can contribute to a breakthrough in the case. Objects, tracks
and tool marks which are not suitable for individualisation, can nevertheless direct the
investigator in his/her investigation.

Witnesses frequently supply certain suspicions apart from the facts about which they can
testify. These suspicions must not merely be ignored, but must be carefully evaluated
since it may be indicative of a logical line of investigation.

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The availability of clues in a case is largely determined by the investigator’s positive
approach, and the manner in which he or she takes the initiative.

7.4.3 General handling and safekeeping of exhibits

Because the use of weapons, mostly firearms, plays a prominent role in many robbery
cases, investigators must be familiar with the collection and analysis methods associated
with this type of physical evidence.

• Measures must be taken to prevent exhibits from getting mixed up: Careful annotations
must be made as to WHERE an exhibit was found and WHO found it.
• Avoid contamination: Evidence must be handled in such a way that the possibility of
contamination never forms the basis of the defence in court.
• Exhibits must be marked properly: No identification marks must be made on the
exhibits themselves, as this can influence the evidential value thereof. Tie on labels
must be used for this purpose.
• Use an ink or ballpoint pen when particulars of exhibits are annotated: This will prevent
the obliteration of important information.
• Suitable containers must be used for safekeeping of exhibits: The containers must be
clean and safe and resistant to rust and decay.
• Holders containing liquids must be properly corked and sealed: This will prevent
leakage and evaporation.
• Fragile articles must be packed with care: Sufficient shock resistant material must be
used to prevent damage.
• Ammunition, discharged bullet heads and cartridge cases must be protected from
changes in condition: These objects must be conserved in toilet paper. Marks made
on them through careless or thoughtless handling will make expert examination
difficult or even impossible.
• Damaged or polluted exhibits must be protected against further deterioration: Steps
must be taken to stabilise or improve the condition of such exhibits.
• Exhibits must not be exposed to the elements: Heat, cold, rain, wind, etc., can influence
the quality and nature of identifiable characteristics.
• Make use of expert assistance when necessary: If uncertainty exists regarding the
handling or safekeeping of exhibits, an expert must be consulted.

7.5 REFERENCE SAMPLES

To compare the suspect or victim’s DNA profile with evidence found at the scene of
crime, forensic laboratory personnel will need a set of biological samples obtained from
individuals concerned for a comparison. These samples are called reference samples. They
must be identified at the scene to determine whether the weapon or the fired bullets/
cartridge cases match those found on the victim or suspect. Any unused ammunition
must also be sent to the FSL for further examination.

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7.6 WHAT CAN BE DETERMINED?
• It can be established whether a bullet at a crime scene was fired from a specific suspect
firearm barrel.
• If the bullet is fragmented or extensively damaged an individualisation may not be
established. The same applies to air rifles and pistols with grooved barrels.
• Fired cartridge cases can be connected exclusively to the weapon by comparing the
microscopic markings left by the firing pin, extractor, ejector, breech-face and chamber
of the firearm.
• Shotguns with smooth barrels and shotgun projectiles can therefore not be
individualised.

7.7 OTHER INTERNAL BALLISTICS INVESTIGATIONS

In addition to firearms individualisation that is an aspect of internal forensic ballistics,
various other ballistics investigations are undertaken by the ballistics section. Particulars
of these investigations are explained as follows:
• The calibre of a given bullet or cartridge case as well as the type of weapon from which
it was fired can (possibly) be determined.
• The mechanical operation and trigger pressure of firearms are investigated where it
is alleged that the weapon fired without pressure on the trigger, or the weapon fired
when it fell or bumped against another object.
• The speed of the projectiles of commercial as well as reloaded ammunition can be
measured and controlled.
• The quality of ammunition can also be determined by means of a pressure test and
certain velocity variations.
• The accuracy of a firearm can be tested in order to determine if there are any defects
in this regard.

7.8 TERMINAL BALLISTICS INVESTIGATIONS

Important information can be obtained by studying the result of projectiles on the point
of impact. The direction (route) from which the bullet came to connect with the target is
one example of such information. You can also try to determine what the distance was
between the firearm and the target.

7.9 DISTANCE DETERMINATION

Depending on the type of weapon as well as the type of ammunition used, tattooing
can occur at distances that vary from 10 mm to 100 cm. This tattooing or blackening is
caused by the propellant powder particles (burned and/or unburned powder). Although
the propellant powder particles can be found as far as six metres from the muzzle of the
weapon, it must be borne in mind that the firing distance can only be determined with
relative accuracy up to a distance of approximately one metre.

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Investigation officers must also remember that the propellant powder transfer, especially on
clothing, is not always visible to the naked eye. The absence of visible signs of blackening
is therefore not sufficient reason for deciding that propellant powder transfer did not take
place. Before an indication of distance can be given by an expert, it is necessary to do
similar tests with the suspect weapon and the same type of ammunition. Exactly the same
principles apply in cases where the shotgun was the firearm, except that the distance can
be determined up to ten metres when based on the distribution pattern of the pellets.

When exhibits are collected for distance determination, the investigating officers must
note the following:
• When a powder burn is found on an item of clothing, the item must be sent to the
FSL. Items of clothing that are still wet (blood or other fluid) must be dried in a cool
dry place before being packed. They must be packed in such a way that the section
with the entry hole does not come into contact with any other part of the clothing.
• Photographs, especially close-ups of entry wounds (preferably in colour) must be
taken. A tape measure must be used so that the size of the wound and the powder
distribution can be determined. The tape must be placed in such a way that it does
not obscure the distribution pattern of the propellant powder.
• In cases of presumed close shots, the district surgeon or pathologist doing the autopsy
must be requested to cut out the skin section around the entry wound so that it can be
sent to the FSL. It is important to mention to what extent items of clothing could have
impeded the transfer of propellant powder. Provisions with regard to the packaging
of such exhibits are as follows:
– A piece of cotton wool soaked in formalin is placed on the base of a wide-mouthed
sample bottle. A piece of gauze bandage is placed on top of it.
– The skin sample is placed on top of this with the skin facing upwards and covered
with a piece of gauze bandage. No formalin other than that which has already been
used may be poured into the bottle.

• The purpose of this investigation is to chemically ascertain the presence or absence

of propellant powder around the entry wound.
• Where a shotgun is involved, the positions of the wadding and the lead pellets must be
clearly set out. X-ray photographs of the bodies give important information in regard.
It is important to remember that X-rays must be taken from different directions so that
a three-dimensional distribution of the lead pellets in the body can be determined.
Particulars in connection with the type of shotgun, its choke, and the ammunition
used must be supplied.

7.10 DIRECTION DETERMINATION

Information regarding the positions of bullets and their relative orientation in the target
must be supplied. Therefore, the position of all entry and exit wounds must be mentioned
as well as the bullet path through the body.

58
Other aspects
In general, information such as photographs of all wounds must be supplied so that their
size is clearly indicated. All bullet marks and the extent of their calibration must be clearly
photographed to aid identification.

7.11 GUIDELINES FOR INVESTIGATOR

Where a firearm has been used, the following steps must be taken:
• a residue test must be conducted within a short period of the firearm being discharged,
but this can take longer under unfavourable conditions
• suspects should be forbidden to clean their hands
• avoid handcuffing the suspect before a residue test has been conducted
• do not allow the suspect to move or rub his or her hands, that is putting hands in the
pockets
• do not allow suspect to touch the firearm or any other weapon involved
• when a pistol or revolver has been used, the test can be done on the forearms or
long-sleeved shirt
• when a rifle has been used, the test can be done on the collar of the suspect’s shirt,
face or neck
• when shots have been fired out of a vehicle, tests can be done on the inside of the
roof, windows, sunshield, headrest and dashboard

These are merely guidelines and the investigator must adapt to every possible crime
situation. It is crucial that all investigators develop evidence collection skills and crime
scene preservation.

7.12 BALLISTICS
Ballistics may be defined as the scientific study of firearms and ammunition technology
related to judicial process. The field of firearms identification is sometimes improperly
referred to as forensic ballistics or simply ballistics. Ballistics refers to the trajectory taken
by a projectile and assumes an understanding of physics. Ballistics may be divided into
the following categories:
• Internal ballistics: This is the study of what occurs inside the firearm and ammunition
before and when a shot is fired, in other words, everything that occurs until the bullets
exits the barrel.
• External ballistics: This is the study of the flight path of the bullet (projectile) and all
the factors that influence it.
• Intermediate ballistics: This is the study of gases and gun powder particles in the
immediate vicinity of the firearm.
• Terminal ballistics: This is the study of the bullet’s effect on the target. The target can
take on any form. For example, when referring to the effect of a bullet on the human
body, it is termed “wound ballistics”.

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Even though most evidence collection of this type is done by specialists from the local
criminal centre, it is very important that investigators should become thoroughly conversant
with evidence collection.

7.13 CONCLUSION
The Forensic Science Laboratory receives and examines evidence related to firearms,
firearm components, ammunition, ammunition components, tools, and tool marks. In a
typical case, evidence may include a number of recovered rifles, pistols, shotguns, silencers
and muzzle attachments, magazines, holsters, and variety of fired and unfired cartridges.
Bullets and other firearms related material removed from bodies during an autopsy are
also frequently items received in casework.

Protection and preservation of firearm related evidence are crucial and unnecessary
movement of physical evidence must be avoided. In the evidence collection process,
contamination of evidence occurs most commonly when this evidence is not properly
secured at the scene of crime. When this occurs, the evidence is usually rendered
inadmissible or incompetent by the court. Failure to find firearms related evidence at
the scene can diminish the value of the evidence. Generally speaking, pieces of firearm
related evidence found at the scene will serve four objectives: to determine the facts of
the crime, to identify the perpetrator, to aid in the arrest of the perpetrator and to aid in
the criminal prosecution of the perpetrator.

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LEARNING UNIT 8
Malicious damage to property

8.1 INTRODUCTION
The criminal damage to someone’s property encompasses the offence of malicious injury
or damage to property. Malicious damage is often thought of as a relatively minor crime.
However, most of the procedures described in this study guide are typically ones that
would be followed in the investigation of the crime of malicious damage to property. Some
of the actions listed may not necessarily be followed in the investigation of damage to
property because this crime can be committed by a group of people, such as protestors.
As an investigator, you may be faced with the dilemma of responding to a crime scene
where multiple crimes were reported. It is then your responsibility to assess the case and
decide which serious offence was committed.

For example, you may respond to a crime scene of malicious damage to property and find
yourself investigating arson, a bomb threat and explosives, or terrorism and death. One
of the important aspects of malicious damage to property is to expect the unexpected.
Approach the scene cautiously and note people in the vicinity. The initial response to an
incident of this type of crime should be expeditious and methodical.

8.2 DEFINITION OF MALICIOUS DAMAGE TO PROPERTY

For the purposes of this learning unit, malicious damage to property can be defined
as unlawful and intentional damage to property belonging to another person – or
damage to one’s own insured property inflicted with the intention of claiming the
value of the damage from an insurer.

The initial responding officer(s) arriving at the scene must identify and control any
dangerous situation or persons, especially when the perpetrators are involved in a public
protest.

8.2.1 The requirements of malicious damage to property

The property concerned must be corporeal and can be either movable or immovable
property.

There must be damage to the property and the damage must have been unlawful unless
there is a ground or justification for such conduct.

The perpetrator must act with the intention of causing damage another’s property.

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8.2.2 Forms of intent
During the investigation of malicious damage, you should at least be able to determine
the intention of the perpetrator. Intent forms a very important part of the charge sheet.
The intent of three crimes is summarised below.

• Theft
The intent of this offence is to permanently remove the moveable corporeal (physical)
property from the control of its owner.

• Housebreaking
To break into premises or buildings that are suitable for human habitation or storage for
goods and commit another crime.

• Damage to property
For this offence, the intention is to cause damage to another person’s property or to
damage own property in order to claim or defraud insurance. It should be a corporeal
(physical) property which is moveable or immoveable.

8.2.3 Motive
At all times try to determine what the motive was because this will help you to prove the
guilt of the accused. The crime of malicious damage to property is nearly always committed
with a specific motive. The investigator must obtain statements from witnesses to prove
what the motive was. In some instances, the perpetrator will leave definite clues as to
his or her motive/s.

An example is a political activist who will phone a radio station to claim responsibility
for damaging or sabotaging property. Written notes will sometimes be left or sent to
newspapers stating the motive.

The following are motives that drive a person to damage property that belongs to him
or her or to other people:

• Profit
One of the most obvious motives for damaging property is direct profit – such as in a case
where the property was insured and the intention is to defraud an insurance company.
Cars, homes and other property may be burnt, damaged or destroyed for the insurance
settlement.

• Elimination of competition
Unscrupulous criminals and corrupt business people will damage property to eliminate
competition. A competitor, for example, may poison the dogs of a security company.

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• Concealing another crime
Damage to property may also be used to conceal other crimes such as theft of information
or espionage. A computer or computer system may be damaged by means of a computer
virus to conceal theft or espionage after information has been obtained from it.

• Jealousy, revenge or spite

Criminals might have personal reasons for damaging other people’s property. They may
act out of jealousy or out of a desire for revenge or to punish another person. People
committing such acts are usually adults who target both the individual and the property.
Offenders include jilted lovers in personal relationships, disgruntled employees and
feuding neighbours. Ex-husbands or wives may damage the vehicles or property of their
former spouses out of jealousy or to exact revenge. An employee suffering a grievance
may damage property belonging to his or her employer.

• Vandalism and malicious mischief

Vandalism and malicious mischief are frequent motives for juveniles who damage property
merely to relieve boredom or as a general protest against authority. Not much planning
or preparation is required to damage property. Readily available materials such as stones,
bricks and sticks are used. Striking workers sometimes turn to vandalism when trying to
apply pressure during a strike. They damage shop windows and vehicles parked in streets,
overturn rubbish bins and damage property that belongs to the state or municipality.
Criminals use vandalism to intimidate witnesses and extort money.

• Political motives
Political motives are used by opponents to apply pressure on governments through acts
of sabotage or by causing damage to property that belongs to the state, municipalities or
private persons. It is a regular phenomenon that political posters are damaged, destroyed
or vandalised by criminals. Modern public protests and attacks on foreign nationals in
South Africa can be seen as attacks on their property in order to damage or destroy it
with a political motive.

8.3 PROCEDURES AT THE CRIME SCENE

When the damage is the result of a criminal act, a very careful and methodical search of
the scene will frequently reveal evidence of the perpetrators involved. The scene should be
roped off, guarded, and all nonessential personnel evacuated from the area to protect the
scene from additional damage and bystanders. In instances where suspected explosives
or explosive devices are encountered, no attempt must be made to move or neutralise
the explosive or device. A local bomb squad must be contacted and assistance requested.

It is also very important that you obtain proper photographs of the scene and damage
to property. Keep a written record of the time, location and description of damage. Any
foreign materials found at the scene should be kept as physical evidence. Perpetrators of
malicious damage to property may add foreign substances, such as dust or sand. Materials

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or items recovered from different sources that can be related to each other constitute very
important evidence. Recognise potential valuable materials. Avoid touching any part of
the property or any other places likely to bear fingerprints. Examine the property involved
for the presence of blood, hair and fibres. Sketch damaged property and note on the
sketch the locations of materials recovered. This will be useful during your recollection
at any court proceedings. Ensure that the chain of custody is maintained.

8.3.1 Experts that can assist with malicious damage

No two crime scenes where property has been maliciously damaged are the same. It is
the duty and the responsibility of the investigator to use and summon any aids or expert
evidence that might assist in the investigation of the crime. This includes fingerprint
experts, photographers, forensic scientists, sniffer dogs and explosives experts – as well
as CCTV camera operators in cases of public violence, arson, etc. If you are of the opinion
that a certain expert is needed to assist in the investigation, insist on the support and
presence of that expert.

8.4 INVESTIGATION OF MALICIOUS DAMAGE

The motive for committing malicious damage determines how the offence should be
investigated. Upon arrival at the scene, it is important for an investigator or first responder
to determine the motive with the help of the complainant or witnesses if available before
embarking of the full scale of investigations. How you approach the investigation will
of course differ from case to case. Each case of malicious damage will be different. For
example, a politically motivated offence will be approached differently than financial gain
to defraud an insurance company for damages incurred. The vital issue is to establish why
the damage took place and who perpetrated the act. The possibility of the complainant
being involved in the commission of crime must also be examined.

To successfully investigate damage to property, you will need physical evidence if available
and corroborate it with information from witnesses and other sources if necessary. For
example, you may need to interview the insurer of the business property if the complainant
was in dire need of finances for his or her business. Make enquiries at or around the scene
of crime for any clues that may provide leads in your investigations. Identify key witnesses
that may provide information in relation to the crime. Just like in any other crime, the
scene must be visited immediately and protected from being damaged or contaminated.
Here are some of the questions to assist in your investigations:
• what happened?
• what is the motive of the suspect?
• what evidence or exhibits are on the scene?
• are there any witnesses?
• what must be done to protect the scene?
• do I need the assistance of experts?
• is the suspect still around?

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8.4.1 Field notes at the scene of malicious damage
An investigator should always carry a notebook or pocketbook in order to take down
notes. Field notes made during the investigation form the basic record of what you have
done. They begin with your arrival at the scene and your assessment of the case and
continue until the case has been finalised. Your report and statement are prepared from
your field notes. It therefore becomes a permanent record in the case and will corroborate
your testimony in court.

As an investigator, you will find it worthwhile to record the following in your field notes
when you visit the crime scene (some of this information should also appear in the
statement of the complainant):
• the time, recorded as accurately as possible, when the damage occurred (this information
is valuable because it can help you to identify the suspect or the individuals that may
be involved)
• the identity of the person who discovered the damage to the property
• what was damaged
• a description of the damage
• proof of ownership of the property or person under whose control the property is
• the names and addresses of any suspects and the reason/s for this suspicion (this is
extremely important)
• the motives, if they can be determined
• evidence and potential exhibits recovered
• the location of the exhibits or evidence and what was done to preserve continuity of
possession
• any other aspect you find necessary to record

8.4.2 Statements of the complainant, witnesses and investigator

• Statement of the complainant
The elements of the crime and the fact that property was damaged or destroyed must
be mentioned in the statement of the complainant.

To ascertain the elements of the crime you must ask relevant questions. For example:
• Did anyone have permission to damage the property?
• Who is the owner?
• How was the property damaged?
• Where exactly did the offence occur? If the complainant is not sure where the property
was damaged, this must be mentioned in the statement.
• When did the incident occur? It is important to mention the time because cases often
take months to be finalised in court and the time has to be stipulated on the charge
sheet.
• What is the evidence for the incident? The details of the circumstances and events
surrounding the specific crime must be recorded, as well as the sequence of events.

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• A description of the damaged property must be given and the possible suspects
must be described. It is of the utmost importance that the complainant describes
the suspect in detail and that he or she provides the reasons for his or her suspicion.

In the statement of the complainant, the intention to damage or destroy property should
be clearly defined.

• Statements of witnesses
Some of the information covered in the statement of a witness can be similar to the one
mentioned in the statement of the complainant. You should obtain detailed statements
from witnesses that can help to solve the case. These statements should include detailed
descriptions of the property damaged and of circumstances of the incident.

• Statement of the investigator

No investigation is complete without the statement of the investigator. This statement
provides a detailed account of what he or she has done and of the evidence gathered.
Use your field notes for information.

The following must appear in your statement:

• that you are the investigator
• the evidence that you have gathered
• the circumstances under which the evidence was found
• what you did with the evidence
• that the evidence was identified, how it was identified and by whom
• your observations and actions at the crime scene – these must be corroborated by
your field notes
• the place, date and times where evidence was seized, which will also help to prove
continuity of possession if evidence was sent for forensic analysis
• if a suspect was arrested, the circumstances under which the arrest was made and
that the suspect was informed of his or her constitutional rights
• if the suspect made an admission or confession – or pointed out evidence or gave
information, the circumstances under which this was done

Activity 14

Use the information in the complainant’s statement to figure out what details you can
include when obtaining the witness’s statement.

11 Feedback

In your feedback, do not forget to ask the witness to describe the suspect in details.

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8.5 POTENTIAL EVIDENCE AT THE SCENE
When you find evidence – including evidence that may potentially be admitted as exhibits
– at the crime scene or during the investigation of the crime and you are of the opinion
that they should be further analysed, this evidence can be sent to the Forensic Science
Laboratory (when applicable). It is essential that a covering letter accompany such exhibits.
Clearly indicate in the covering letter what examinations you require to be done on the
evidence you are submitting. Any notes or letters indicating the motive for the offence
that the suspect wrote can be seized for forensic analysis. Such notes or letters can be
examined for fingerprints and the handwriting or typing on them can be analysed.

In addition, if there is any blood or genetic material present, these can be sent for blood
grouping or DNA analysis. Experts can also determine the manufacturer and origin of
the paper.

8.6 CONCLUSION
Tackling malicious damage to property committed by a group of public protestors is a
challenge for many investigators. It is difficult to ascertain who committed the malicious
damage. This is especially true when a group of people were involved in the commission
of the act. Therefore, it is important to consider who should be the first attending crime
scene investigator. The approach adopted by the investigator to the crime scene will
help to determine what type of crime was committed as well as the extent thereof and
the number of specific criminal acts that have been committed. In complicated cases
or where there are multiple victims, incidents or offenders, it is important to emphasise
these primary points.

The initial investigation of a malicious damage scene is extremely important, for the
objective is not only to determine what may be damaged, but also to locate and recover
physical evidence which associates the perpetrators with the crime scene.

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LEARNING UNIT 9
Housebreaking (burglary)

9.1 INTRODUCTION
Even though malicious damage to property is a property-related crime, housebreaking
or burglary cannot be excluded from being classified as a property crime. This crime has
become a huge problem with far-reaching social, economical and political implications.
Housebreaking must not be confused with house robbery where the threat or use of
force must take place to properly define the crime as a robbery. It affects every citizen,
business sector and public sectors.

The initial investigation of a housebreaking scene is extremely important, for the objective
is not only to determine what may be missing, but also to locate and recover physical
evidence which associates the housebreaker with the crime scene.

9.2 DEFINITIONS OF HOUSEBREAKING

For the purposes of this learning unit, the following two basic definitions of
housebreaking are taken into consideration:
 Housebreaking or burglary is defined as the unlawful and intentional shifting or
displacing of an obstruction by which access to a building or premises, suitable
for human habitation or the storage of goods is obtained and the actual entering
or intruding into that building or premises with the intent to commit a crime.
 Housebreaking with the intention to commit an offence consists of unlawfully and
intentionally breaking and entering premises with the intention of committing
an offence inside those premises.

9.2.1 Housebreaking versus robbery

A housebreaker or a burglar seeks to stay away from contact with people close to the
scene or on the premises. Housebreaking differs from robbery in that housebreakers
are secretive, seeking to remain unseen, whereas robbers confront their victims directly.
Housebreaking is a crime against property while robbery is a crime against a person.

9.3 THE ELEMENTS OF HOUSEBREAKING

The elements of housebreaking may differ a little, but each of those elements must be
present in order to convict the perpetrator of a crime. It is important to identify all the
requirements (elements) of the act.

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• Unlawfulness and intention
The suspect may have the intention to commit various crimes, for example theft, rape,
murder, robbery or damage to property (only if damage occurs within the premises).
It is therefore important that the specific intention be taken into consideration when
investigating housebreaking to ensure that a full investigation of the crime can be carried
out. Unlawfulness and intention must always be present.

• Breaking in
Breaking in involves the removal, displacement or even pushing open a partially closed
door or any object which forms an obstruction that prevents the suspect from gaining
entry to the premises. Breaking in can be subdivided into separate components, namely
breaking into the structure and entering it. For breaking in to take place, no actual damage
to the structure needs to be inflicted.

• Entering
Entry takes place when the suspect inserts his or her arm or any part of his or her body
into an opening in order to exercise control over something within a building or structure.
The suspect may unlawfully have the intention to commit various crimes. For instance,
where a person forces a window or door open to gain entrance, this should be regarded
as breaking in. If an accomplice hides in the building and later opens a window or door
for the accused to gain entrance, it is still considered to be housebreaking. Note that only
breaking into premises can be committed; an action of breaking out does not constitute
the crime of housebreaking.

• Building or structure
The building or structure can be any structure which is or might ordinarily be used for
human habitation or the storage of property. The following structures are viewed as a
building for the purpose of housebreaking:
• a built-in safe
• a caravan
• a garage
• a house
• a shop
• a store
• a tent that is used for human habitation
• a tent wagon used as a residence
• an explosives magazine (the size may play a role)
• an office

If the door of a dwelling is open, but all the doors to the respective rooms are locked, it
will still be housebreaking should any of these inside doors be forced open.

The following are examples of structures or dwellings that do not fit the description:
• a chicken run made of wire netting and tubes

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• a wardrobe
• a railway truck used for conveying goods

Activity 15

Based on the information above, is housebreaking committed should X enter a structure

without removing or displacing any obstruction?

Feedback
12

No, it consists of the removal or displacement on any obstruction which bars entry to the
structure.

Activity 16

Does it qualify as a housebreaking if an accomplice hides in a dwelling and later on opens

a window or door to enable the suspect to gain entry?

13 Feedback

Housebreaking does not take place if somebody breaks out of a dwelling. If entry does not take
place, it cannot constitute an act of housebreaking. The crime will then be either malicious
damage to property or an attempt to commit a crime. Entry is complete the moment X has
inserted any part of his or her body, or any other instrument used for that purpose into the
opening with the intention of thereby exercising control over some contents in the building
or structure.

9.3.1 Signs of housebreaking

It is vital that you look for indications to prove that a housebreaking has indeed occurred.
Indeed, if you can determine that a housebreaking has not occurred, you will save a
good deal of time and energy. At the scene, the housebreaker will leave information and
evidence of his or her activities there. Almost any means conceivable may be used to
break into a building, including tunnelling and chopping holes in walls, floors, ceilings
and fire escapes. Explosives are also used to blow holes into structures.

Further evidence of entry might be a broken window or door or roof tiles that have been
removed – or heaps of sand in places where they might not usually be expected. Sky
vents and skylights should also be checked on the premises concerned.

Windows and doors can be removed or unscrewed from their frames. Debris on the floor
in a house – or on shelves, wardrobes, bookcases or cabinets – can also be indicators
that a break-in has occurred.

70
Other indicators of possible housebreaking include vehicles parked nearby the targeted
location for no apparent reason. For example, so-called “lovers” sitting in cars parked in
the area should also not be overlooked.

An alarm call received from a security company is a good indicator that a housebreaking
may have occurred. The position of the broken window glass can serve as a good indication
of how a housebreaking took place. Pieces of broken window glass can help investigators
determine whether the suspect was inside or outside when the window was broken.

Look for implements and objects that are not in their normal place, as these could have
been used to break into the premises concerned. Damage done at the point of entry can
also be a proof of the housebreaking. Look for marks, footprints and cigarette butts at
the point of entry.

As an investigator, you will also encounter housebreakings where there are no signs of
forced entry. A skilled suspect or a professional who is mechanically inclined may have
used various picks or devices to gain entry, such as lock picks and torsion wrenches. A new
tool that professional housebreakers use is the pick gun – it enables the housebreaker
to pick a lock mechanically.

9.3.1.1 Types of evidence

Many types of evidence at the crime scene may be encountered during the investigation
of housebreaking. As an investigator, you should know and understand that experienced
or professional housebreakers try to leave a minimum amount of evidence at the scene.
You should collect any evidence left behind by the perpetrator, such as the following:
• tool marks
• shoe prints
• paint chips
• glass fragments
• soil
• blood
• wooden splinters
• fingerprints, etc.

If no physical evidence is left behind by the suspect at the crime scene, there is only a
slight chance of charging anyone for the crime committed. Tools are important items of
evidence that can connect one housebreaking with another. Any physical evidence at the
scene is of the utmost importance. Perpetrators can also be convicted on circumstantial
evidence.

Activity 17

What are the indicators left behind at the scene to indicate that a housebreaking has
occurred? Can you list some of the indicators?

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 14 Feedback
Think of common instruments that may be used by perpetrators to gain entry into the structure.

9.4 DIFFERENT KINDS OF HOUSEBREAKING

Housebreaking can be divided into three general categories, namely residential, commercial
and places of public interest.

9.4.1 Residential housebreaking

Residential housebreaking occurs in buildings or other structures or attachments used
as dwellings – even though they may be unoccupied at the time of the housebreaking.
Residential housebreakers will usually operate in the higher income areas. The items
taken are usually costly items, such as cellphones, laptop computers, clothing, electrical
appliances, and jewellery.

Some common methods used by residential housebreakers are

• prying open windows
• using a glass cutter
• picking inadequate locks using knives, thin pieces of metal or plastic strips
• knocking on doors and posing as salespersons

9.4.2 Apartment housebreaking

Some housebreakers gain access to apartments by posing as door-to-door salespersons,
delivery men or strangers seeking information. If there is no answer to a knock at the
door, such housebreakers might force their way into the apartment by breaking the door
or forcing a window. They take money and jewellery or, as opportunists, anything they
can sell.

9.4.3 Commercial housebreaking

Stores, taverns, restaurants, warehouses and government departments where money is
kept are common targets of commercial break-ins. More often, employees of companies
are implicated in such incidents of housebreaking because they are familiar with the
circumstances at the premises and with the security measures in place. The investigation
of a commercial housebreaking should follow the basic guidelines for residential
housebreaking.

9.4.4 Financial institutions

Housebreakers target financial institutions such as banks and cash centres. In all of these
institutions, the vault is the target. Sometimes employees of the institutions or security

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personnel are involved. They might disclose important information such as details of
the layout of the facility or the security measures employed. It is evident that in certain
instances employees of security companies and cellphone networks are persuaded to
assist in the break-ins.

Employees might switch off the communication systems that they use to monitor the
alarms in the banks while security employees will provide the security code numbers of
the alarms in the banks.

9.4.5 ATM break-ins

One of the types of break-ins currently on the increase are attacks on automated teller
machines (ATMs). This is also the reason for the improvements being applied to security
measures for the banks. In the South African environment, commercial explosives are
commonly available and are used to force entry to buildings in which an ATM machine is
installed. Such buildings may include convenience stores (such as those at filling stations)
as well as supermarkets and restaurants.

9.4.6 Places of public interest

Examples of places of public interest are schools, monuments, museums, recreation
facilities and churches.

Criminals who prey on such places are usually opportunists and amateurs. In these
instances, they will steal randomly to benefit from their deeds. There are also exceptions,
such as professionals who specifically target valuable items that are easy to sell, such as
the new laptop computers and high-end television sets.

9.4.7 Housebreaking with intent to commit another crime

The investigating officer must firstly ascertain whether housebreaking was committed
before valuable clues can be gathered. If the purpose for housebreaking was to commit
any other crime the investigation must be adapted to the specific requirements of the
crime that was committed after the housebreaking, be it sexual assault, murder or robbery.

Where the suspect has broken into a structure with the purpose to commit sexual assault
and in fact did so, the charge will read as follows: housebreaking with intention to commit
sexual assault or rape. Should the suspect be interfered with and the actual offence does
not take place, the suspect will be charged with housebreaking with the intention to rape.

If the purpose for breaking into a structure is unknown, the suspect will probably be
charged with housebreaking with the intention to commit a crime unknown to the
prosecutor.

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9.5 HINTS FOR INVESTIGATION OF HOUSEBREAKING
The intention of housebreaking plays an important role in the investigation thereof. It is
difficult to set out specific guidelines for investigation of housebreaking because each
crime scene is approached differently. The investigation must in each individual case be
adapted to suit the specific crime that was committed after the housebreaking (that is
murder, sexual assault, assault, robbery, intimidation or theft). For example, in commercial
break-ins, it is important that you obtain background information on problem employees.

9.5.1 Preliminary investigation

There are certain basic steps to be taken once housebreaking is reported, regardless of
what other crime was committed during the housebreaking:
• The crime scene must be visited and the investigator must exercise total control of
the scene.
• The investigator must ascertain whether housebreaking has in fact taken place and
how entry was gained.
• The scene must be properly searched for clues such as fingerprints, footprints or tool
marks.
• Any property that may belong to the suspect must be seized as exhibits.
• Request the local criminal record centre, dog unit or explosives experts to investigate
the scene, depending on the circumstances of how the crime was committed.
• Obtain sworn statement from the complainant with at least the following information:
– circumstances surrounding the alleged housebreaking
– how entry was gained
– description and list of stolen property with serial numbers and value
– if the complainant is insured against housebreaking
– description of possible suspects

• Make enquiries in the vicinity to identify possible eyewitnesses who could identify
the perpetrator or his or her vehicle.
• Circulate all identifiable property.

9.5.2 Further hints

• Modus operandi (MO) is very important and often assists in identifying the suspect.
• The complainant and the crime can be visited more than once as further leads are
often obtained in this manner (further developments).
• All people who may help solve the case must be interviewed tactfully and special
attention should be given to the security guards who were on duty.
• All evidence should be discussed with colleagues from your branch and neighbouring
investigation branches because similar modus operandi often lead to the identification
of suspects.
• Canvass and interview dependable informers.

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• Arrange for observation duty where repeated housebreakings occur in the same area.
Team members can hide inside or outside premises to try and catch the perpetrators
in the act.

Visit pawnshops, dealers in second-hand goods and other places where stolen goods can
be quickly traded or disposed of. The nature of the stolen goods might be of importance.

9.5.3 Straightforward housebreaking investigation

A straightforward housebreaking investigation involves key elements that must be
taken into consideration. In the investigation of housebreaking, the investigator must
first interview the officer who conducted the preliminary investigation. The interview
can help the investigator to comprehend circumstances regarding the crime scene and
provide insights about the victim.

Besides obtaining information such as the type of structure broken into, means of entry,
individuals on the premises, property taken, and modus operandi, the elements of the
investigation process from the time an offence is reported to the police until the conviction
of a suspect can be summarised as follows:

Figure 6

In order to fully investigate housebreaking, it is important that you first visit the crime
scene and consider which approach to take. It is essential to first locate the point where
the perpetrator gained entry to the property. More than often this area will provide a
lot of clues, and is the best place to gather evidence. The point of forced entry will give
clues to the type of instruments and tools that the burglar might have used to gain entry.

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9.5.4 Investigation challenges
Even though some of the housebreaking cases can be solved successfully, sometimes
investigators may be faced with unimaginable investigation challenges, such as
• false alarms
• determination of the entry into a structure
• obtaining of physical evidence.

9.6 TYPES OF HOUSEBREAKERS

• Amateur housebreakers
Older and juvenile amateurs might operate in areas that are densely packed with trees
in search of the best opportunity for a place to break in and steal property. In some
instances, they are armed and pose a serious threat and danger to communities in which
they operate. Sometimes amateurs become violent when they are confronted on the
premises and secondary crimes such as murder, rape and assault may occur. Amateurs
often have lengthy criminal records and are in and out of prison. They are opportunists
and operate based on impulse or react to opportunities that suddenly present themselves.
They will look for homes, businesses and places of public interest where the doors or
windows are not locked.

The lack of planning prior to the crime differentiates the amateur from the professional
housebreaker. Amateurs who are drug addicts will commit large numbers of housebreakings
to support their addictions. They tend to ransack the places they break into to find property
of value and they usually also commit destructive acts of vandalism. Simple investigative
work can often achieve results in such cases because few amateur housebreakers use
sophisticated methods. They also seldom make much effort to hide their tracks effectively
– or they are physically and mentally not capable of doing so.

• Professional housebreakers
Professional housebreakers are considered “good” housebreakers; they are of considerable
interest to investigators because of the large value of cash or property taken. They are a
unique type of criminal who focus on thorough planning prior to the crimes they commit
in order to avoid detection and arrest. In general, they use tools to gain entry to premises
and are willing to pay for information that will assist them in committing a crime. They
also gather their information by reading newspapers for details concerning funerals,
weddings, charity events, parties and gala events.

Tipsters are another source of information used by professional housebreakers. (Tipsters

are also commonly known as spotters, finger men, noses and pimps.) Tipsters might
be telephone installers, people who deliver medicine for pharmacies, butlers, workers
employed at the target premises, security response members and municipal refuse
workers. Professional housebreakers rely on reliable transport – either their own or
public transport. Nowadays, some of them are also equipped with the most advanced
technological equipment such as radio scanners, cellphones, geographical maps and GPS

76
devices and they will sometimes use bogus vehicles to conceal their activities. Because
they plan their criminal activity in advance, they are able to make sure that any traces
that might identify them as suspects are concealed.

• “Boosters”
Housebreakers that depend on thefts of large quantities of merchandise, rather than on
the quality of what is stolen are known as “boosters”.

• Junkies
The drug addict or junkie is generally the least skilled and most active of thieves. They also
tend to have the longest criminal records involving different types of crime. They steal
available items, which are rarely valuable and they are not very systematic in their actions.

9.7 CONCLUSION
We conclude by highlighting the absolute importance of the correct approach to any
investigation. No two crimes are the same and therefore the approach to each investigation
will be tailor-made to suit the requirements. The result will be a different approach each
time.

Whether the approach is a covert investigation involving team selection and agent
involvement, or an overt investigation where witnesses are interviewed and evidence is
openly gathered, the key to success is the approach itself.

I have tried to explain the basics of the management of an investigation and not of the
investigation itself. Such a task would not be possible in a document of this nature.

What is of importance to the success of any investigation is the leadership and by

implication the management of the process. There are a number of variables, such as
the human factor, financial constraints, legal impediments to name just a few, that have
a very serious impact on an investigation.

The bottom line is that an investigation that is embarked on with good planning, sufficient
resources and dedicated personnel is virtually assured of success.

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REFERENCES

Bennet, W.W. & Hess, K.M. 1984. Investigating arson. Springfield, Illinois: Charles C Thomas
Publisher.
English, J., Fielding, M., Howard, E. & Van der Merwe, N. 2006. Professional communication
(2nd edition). Lansdowne: Juta.
Hiemstra, V.G. & Gonin, H.L. 1992. Trilingual legal dictionary. 3rd edition. Johannesburg: Juta.
Iannone, N.F. 1980. Supervision of Police Personnel. Englewood Cliffs: Prentice Hall Inc.
Joubert, C. 2001. Applied law for police officials. 2nd edition. Lansdowne: Juta.
Joubert, C. 2010. Applied law for police officials. 3rd edition. Claremont: Juta Law.
Lancaster, L. & Mtshali, M. 2014. South Africa: Getting to the Bottom of What Really Drives
Public Violence in South Africa. Institute for Security Studies.
Lyman, M.D. 2013. Criminal investigation. USA: Pearson.
Mahoney, P.T. 1992. Narcotics investigation techniques. Springfield, Illinois: Charles C Thomas
Publisher.
Marais, C.W. 1992. Physical evidence in crime investigation. Pretoria: Henmar.
McLeod, T. (ed.) 1986. Collins pocket English dictionary. Glasgow: William Collins and sons.
Mokwena, R.J. 2014. Investigative principles for policing III. Study guide for OVM3702. Uni-
vesity of South Africa: Pretoria.
Motsepa, L.L. 2014. Investigative principles for policing II. Study guide for OVM2602. Uni-
versity of South Africa: Pretoria.
Neethling, J., Potgieter, J.M., Visser, P.J. & Knobel, J.C. (ed.) 2006. Law of delict. 5th edition.
Durban: LexisNexis Butterworths.
O’Connor, J.J. Practical fire and arson investigation. Boca Raton: CRC Press.
Osterburg, J.W. & Ward, R.H. 2010. Criminal investigations: A method for reconstructing the
past. 6th edition. New Providence, NJ: LexisNexis Group.
Palmiotto, M.J. 2013. Criminal investigation. 4th edition. Boca Raton: CRC Press, Taylor &
Francis Group.
Robertson, J.C. 2003. Fraud examination for managers and auditors. Austin, Texas: Viesca
Books.
Rouillard, Larrie. A. 1993. Goals and goal setting. Menlo Park: Crisp Publications.
Siljander, R.P. 2003. Fundamentals of civil and private investigation. 2nd edition. Springfield,
Illinois: Charles C Thomas Publisher, Ltd.
Snyman, C.R. 2002. Criminal Law. 4th edition. LexisNexis Durban: Butterworths.
Swanson, C.R., Chamelin, N.C., Territo, L. & Taylor, R.W. 2012. Criminal investigation. 11th
edition. New York: McGraw-Hill.
Swanson, R., Chamelin, N.C. & Territo, L. 1977. Crime investigation. Santa Monica: Goodyear
Publishing.
Tomsen, S., Homel, R. & Thommeny, J. The causes of public violence: Situational versus othe
factors in drinking related assaults.
Van Rooyen, H.J.N. 2001. Practical guide for private investigators. Wierdapark: Henmar.
Van Rooyen, H.J.N. 2004. Investigation – The A–Z guide. Pretoria: Crime Solve.
Van Rooyen, H.J.N. 2007. Crime scene investigation. Pretoria: Henmar.

78
Van Rooyen, H.J.N. 2008. The practitioner’s guide to forensic investigation in South Africa.
Pretoria: Henmar.
Whisenand, P.M. 1976. Police supervision – theory and practice. 2nd edition. Englewood
Cliffs: Prentice Hall Inc.

INTERNET ACCESS
en.wikipedia.org/wiki/Extortion
en.wiktionary.org/wiki/extort
en.wiktionary.org/wiki/extortionist
http://www.meriam-webster.com/dictionary/blackmail (accessed 31 March 2015).
http://www,capegetatway.gov/eng/yourgovernment/gsc/595/services/11455/17811 (ac-
cessed 18 March 2015).
http://www.acts.co.za/public_finman/schedule_3_other_public_entities.htm (accessed
18 March 2015).
https://www.maritime.org
http://www.capegetaway.gov.za/eng/your_gov/595/public_entities/5801 (accessed
18 March 2015).
https://www.google.co.za/search?q=rough+sketch+plan+of+motor+collision (accessed
10 March 2015)
http://www.rochdaleonline.co.uk/news-features/viewer?NewsID=27186 (accessed
10 March 2015)
http://www.tarservices.co.za/
wordnetweb.princeton.edu/perl/webwn
wordnetweb.princeton.edu/perl/webwn
www.4lawschool.com/dic/dict-e.htm
www.lawyershop.com/practice-areas/criminal-law/glossary/
www.nas.gov.uk/guides/legalTerms.asp
www.pi1stclass.com/glossary.htm

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