Wyson v R (Bail Application 76 of 2016) [2018] MWHC 995 (22 September 2018)

The balance of justice lies in favour of granting bail due to the applicant's prolonged detention without trial and the absence of objection from the State.

Citation: [2018] MWHC 995
Parties: Applicant: Grant Wyson; Respondent: The State
Court: High Court of Malawi
Jurisdiction: Malawi
Judgment Date: 22 September 2018
Case Number: Bail Application 76 of 2016
Procedural Posture: Criminal / Bail Application Ruling
Outcome: Bail granted with conditions
Legal Topics: Bail, Murder, Right to Fair Trial
Source Language: English

Criminal Law Constitutional Law Bail Murder Right to Fair Trial

Case Brief

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Parties

Grant Wyson

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

1 Whether the applicant should be granted bail pending trial for murder
2 Whether prolonged pre-trial detention violates the applicant's constitutional rights

Ratio Decidendi

The balance of justice lies in favour of granting bail due to the applicant's prolonged detention without trial and the absence of objection from the State.

Court Disposition

Bail granted with conditions

Orders

Applicant to pay a cash bail bond of K20,000.00 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