Ardnt v S [2020] NAHCMD 299 (17 July 2020)

Ardnt v S [2020] NAHCMD 299 (17 July 2020)

The application for bail is refused because the State has presented a prima facie strong case, the offences are serious, there is a real risk of absconding, and granting bail would not be in the public interest or in the administration of justice under section 61 of the Criminal Procedure Act.

Citation
[2020] NAHCMD 299
Parties
Applicant: Julius Frederick Ardnt; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
17 July 2020
Procedural Posture
Criminal / Bail Application Ruling
Outcome
Bail application refused; applicant remanded in custody.
Legal Topics
Bail, Murder, Robbery, Rape, Public Interest, Absconding
Source Language
English
Criminal Law Criminal Procedure Bail Murder Robbery Rape Public Interest Absconding

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Parties

Julius Frederick Ardnt

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the applicant should be granted bail under section 61 of the Criminal Procedure Act
  2. 2 Whether the applicant is likely to abscond or commit further crimes if released on bail
  3. 3 Whether granting bail would be contrary to the public interest or administration of justice

Ratio Decidendi

The application for bail is refused because the State has presented a prima facie strong case, the offences are serious, there is a real risk of absconding, and granting bail would not be in the public interest or in the administration of justice under section 61 of the Criminal Procedure Act.

Court Disposition

Bail application refused; applicant remanded in custody.

Orders

  • The application for bail is refused.
  • The applicant is remanded in custody at the Trial Awaiting Section, Windhoek Correctional Facility.