Question 7 [10]

Briefly discuss the question whether in each of the following instances X has committed theft, robbery or neither and give a reason for your answer.

a) X's neighbour, Y, owes X R2 000, but fails for more than two years to pay back the money. One day X goes to Y's house, takes Y's television set and puts it into his (X's) storeroom. He tells Y that he will get his television back only after he has paid X the R2 000 he owes him. X does not use the television set, but merely keeps it in order to induce Y to pay his debt. (3)

b) X breaks into Y's house during the night and threatens to injure Y seriously if he fails to hand him the keys to his shop and the safe in the shop. Y refuses to hand X the keys. X assaults him, takes the keys from him by force and ties him to a chair so that he cannot move. An hour later, X unlocks Y's shop and the safe inside with the keys and removes all the money from the safe. The shop is 3 km from Y's house. (2)

c) A stray horse comes walking onto land belonging to X, a farmer. X does not know who the owner of the horse is, and allows it to graze on his property. Three months later he ascertains that it belongs to Y. A month thereafter X, who is in financial difficulty, sells the horse and uses the money to pay his debts. (3)

d) Intending to assault Y, X hits him over the head with a blunt object. Y falls to the ground, unconscious. While Y is lying on the ground, X notices for the first time that he (Y) is wearing a valuable watch. X snatches the watch from Y's arm and runs away with it. X's decision to take the watch was taken only after he had assaulted Y. (2)