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词条 R v Viljoen
释义

  1. Facts

  2. Judgment

  3. See also

  4. References

      Case law    Legislation  

  5. Notes

{{Use dmy dates|date=July 2012}}{{Use South African English|date=July 2012}}

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

  • 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

1. ^1941 AD 366.
2. ^31 of 1917
{{SouthAfrica-case-law-stub}}

3 : Appellate Division (South Africa) cases|1941 in South African law|1941 in case law

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