It is, however, contended that the wider definition of malicious injury to property, flowing from certain cases and academic interpretation, is not similarly entrenched in South African law and that any similar extension to the ambit of this crime therefore should not form part of the current definition. ![]() It is submitted that despite the expansion of the crime of arson through case law not being in accordance with the purpose of the crime, the current definition of this crime has been settled. In the concluding part, the nature and structure of the crimes are explored in the context of the rationales underpinning the crimes. The current definitions of the crimes are set out, before the historical development of each crime is critically evaluated. This contribution examines the common-law crimes of malicious injury to property and arson. ![]() Professor of Law, University of KwaZulu-Natal Criminalisation of damage to property by South African common-law crimes
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