Mashi v R (Criminal Cause 101 of 2018) [2018] MWHC 679 (31 May 2018)

Mashi v R (Criminal Cause 101 of 2018) [2018] MWHC 679 (31 May 2018)

The applicant's prolonged pre-trial detention, exceeding statutory limits and without State objection, necessitates release on bail in the interests of justice.

Citation
[2018] MWHC 679
Parties
Applicant: Frank Mashi; Respondent: Republic
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
31 May 2018
Case Number
Criminal Cause 101 of 2018
Procedural Posture
Criminal (homicide) / Bail Application Prior to Trial
Outcome
Bail granted with conditions
Legal Topics
Pre Trial Detention, Right to Bail, Homicide Procedure
Source Language
English
Criminal Law Bail Pre Trial Detention Right to Bail Homicide Procedure

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Parties

Frank Mashi

Applicant

Republic

Respondent

Procedural Posture

Criminal (homicide) / Bail Application Prior to Trial

Legal Issues

  1. 1 Whether the applicant should be released on bail after prolonged pre-trial detention

Ratio Decidendi

The applicant's prolonged pre-trial detention, exceeding statutory limits and without State objection, necessitates release on bail in the interests of justice.

Court Disposition

Bail granted with conditions

Orders

  • Applicant to be bonded to the court in the sum of K50,000.00 cash
  • Applicant to secure two reliable sureties, each bonded in the sum of K100,000.00 not cash, one being a blood or marital relation