Mhango v R (Misc. Criminal Cause 29 of 2016) [2018] MWHC 1031 (9 June 2018)

Mhango v R (Misc. Criminal Cause 29 of 2016) [2018] MWHC 1031 (9 June 2018)

The applicant had been held in pretrial detention far beyond the statutory period without trial, and the State did not oppose bail; the interests of justice require granting bail subject to conditions.

Citation
[2018] MWHC 1031
Parties
Applicant: Edson Manyowa Mhango; Respondent: The State
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
9 June 2018
Case Number
Misc. Criminal Cause 29 of 2016
Procedural Posture
Miscellaneous Criminal Cause / Bail Application Ruling
Outcome
Bail granted with conditions
Legal Topics
Bail, Pretrial Detention, Homicide
Source Language
English
Criminal Law Constitutional Law Bail Pretrial Detention Homicide

Case Brief

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Parties

Edson Manyowa Mhango

Applicant

The State

Respondent

Procedural Posture

Miscellaneous Criminal Cause / Bail Application Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to bail after prolonged pretrial detention
  2. 2 Whether the statutory and constitutional requirements for bail have been met

Ratio Decidendi

The applicant had been held in pretrial detention far beyond the statutory period without trial, and the State did not oppose bail; the interests of justice require granting bail subject to conditions.

Court Disposition

Bail granted with conditions

Orders

  • Applicant to pay a cash bail bond of K50,000.00 before release
  • Applicant to produce two sureties, each bonded in the sum of K100,000.00 (not cash), to be examined by the Registrar within 21 days