R v Viljoen

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

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

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

References

Case law
  • R v Viljoen 1941 AD 366.

Legislation
  • Criminal Procedure and Evidence Act 31 of 1917.

Notes
  1. 1941 AD 366.
  2. 31 of 1917
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