P N J Viljoen v The State

The appellant, a 28-year-old man, was charged with the planned murder of his pregnant wife, whose throat was cut in the early hours of 10 April 2001 at their home in Haakdoringboom, Pretoria. Following his arrest on 29 August 2001, the appellant repeatedly admitted guilt: he pleaded guilty in the magistrates’ court, provided a detailed plea explanation under section 112(1)(b) of the Criminal Procedure Act 51 of 1977, made a confession to the police, conducted pointing-out procedures, and admitted the killing to his father. He later applied for bail. Given that the charge was planned murder (a Schedule 6 offence), he bore the onus of proving exceptional circumstances justifying his release. His bail application was refused by the magistrate and again by the High Court. In the High Court bail proceedings, the appellant alleged for the first time that his admissions were the result of police assault and threats, and he advanced an alibi supported by limited documentary material. The State relied on his prior admissions and did not lead viva voce rebuttal evidence. The appellant appealed to the Supreme Court of Appeal against the refusal of bail.

The appeal against the refusal of bail was dismissed.

The case affirms the strict application of section 60(11)(a) of the Criminal Procedure Act in Schedule 6 offences and clarifies that an accused must show, on a balance of probabilities, that the State’s case is so weak that an acquittal is probable in order to establish exceptional circumstances. It also provides guidance on the limits of bail proceedings, cautioning against turning them into full-scale trials, and on when the State is not obliged to present viva voce rebuttal evidence.