In ''S v Pretorius'', an important case in South African criminal law, the accused had exceeded the speed limit when taking his child, whom he believed to be in mortal danger, to hospital for treatment. The court held that the onus of proof in a defence of necessity, as in self-defence, rests on the State, which must rule out the reasonable possibility of an act of necessity. It is not for the accused to satisfy the court that he acted from necessity. The conviction of Pretorius was accordingly set aside.
See also
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South African criminal law
South African criminal law is the body of national law relating to crime in South Africa. In the definition of Van der Walt ''et al.'', a crime is "conduct which Common law, common or statute law prohibits and expressly or impliedly subjects to ...
References
* ''S v Pretorius'' 1975 (2)
SA 85 (SWA).
Notes
1974 in South African law
1974 in case law
South African criminal case law
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