R v Viljoen1941 AD 366. 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.31 of 1917
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 Confession (law) Crime in South Africa Evidence (law) Law of South Africa South African criminal law South African criminal procedure
References Case law R v Viljoen 1941 AD 366.
Legislation Criminal Procedure and Evidence Act 31 of 1917.
Notes