R v McMillan and Another

• Jurisdiction: South Africa
• Court: Eastern Cape Division
• Judge: De Villiers JP
• Judgment Date: 17 June 1958
• Citation: 1958 (3) SA 800 (E)
• Hearing Date: 17 June 1958

B De Villiers, J.P.:

The two accused before me are charged with the murder of a native woman. They were in the first instance committed for trial together with a third person, but the charge against him has been withdrawn temporarily, and the preparatory examination was reopened and he was called as a witness for the Crown. There are in the record before C me three statements made by the three people who were originally charged together, and these statements are pro tanto confessions in various degrees, but each of these statements puts the major blame on somebody else. One may say that these statements can be divided into two parts. The present accused No. 1 and the person who was accused No. 2 at D the preparatory examination on the one side and accused No. 3 (now accused No. 2) on the other side. Accused Nos. 1 and 2 put the blame for the actual killing on No. 3 accused, and No. 3 accused puts the blame of the actual violence on accused No. 2 with the assistance of accused No. 1.

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