Jump to content

R v Viljoen

From Wikipedia, the free encyclopedia

R v Viljoen[1] is an important case in South African law. It was heard in the Appellate Division on 23 April 1941, with judgment handed down on 6 May. De Wet CJ, Watermeyer JA, Tindall JA, Centlivres JA, and Feetham JA presided.

Facts

[edit]

A statement had been made by the accused to a peace officer without compliance with the formalities prescribed by section 273(1) of the Criminal Procedure and Evidence Act.[2]

Judgment

[edit]

That statement, the court found, although it was capable of implying an admission of guilt, was also capable of a rational explanation, which did not include any such admission. The court held, therefore, that the statement was not a confession within the meaning of the section.

See also

[edit]

References

[edit]

Case law

[edit]
  • R v Viljoen 1941 AD 366.

Legislation

[edit]
  • Criminal Procedure and Evidence Act 31 of 1917.

Notes

[edit]
  1. ^ 1941 AD 366.
  2. ^ 31 of 1917