R v Soqokomashe[1] is an important case in South African law, heard in the Eastern Districts Local Division by Price JP and Jennett J on 2 March 1956, with judgment handed down on 9 March.
Facts edit
The appellants had pleaded guilty to a charge of arson, it being alleged that they had set fire to a rondavel classroom of a "native" school. The Crown evidence showed that the structure was immovable, but that there was no evidence to prove that it had been burned intentionally.
Judgment edit
In an appeal from convictions in a magistrate's court, the court held that, as long as an accidental burning had not been excluded by the evidence as a reasonable possibility, it could not be said that it had been proved aliunde beyond a reasonable doubt that the crime had been committed. The court held further that the case should not be remitted for further evidence.
See also edit
References edit
Case law edit
- R v Soqokomashe 1956 (2) SA 142 (E).
Notes edit
- ^ 1956 (2) SA 142 (E).
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