Noble v S (HC-MD-CRIMINALI-APP-CAL 79 of 2018) [2019] NAHCMD 12 (5 February 2019)

Noble v S (HC-MD-CRIMINALI-APP-CAL 79 of 2018) [2019] NAHCMD 12 (5 February 2019)

The magistrate did not misdirect herself in refusing bail as the state established a prima facie case, the magnitude and public impact of the offence justified refusal in the interest of the public or administration of justice, and the issues raised by the appellants were matters for trial, not for the bail inquiry.

Citation
[2019] NAHCMD 12
Parties
First Appellant: Grant Brandon Noble; Second Appellant: Azhak Dinath; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
5 February 2019
Case Number
HC-MD-CRIMINALI-APP-CAL 79 of 2018
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail
Outcome
Appeal dismissed
Legal Topics
Bail, Drug Offences, Judicial Discretion, Public Interest, Presumption of Innocence
Source Language
English
Criminal Law Criminal Procedure Bail Drug Offences Judicial Discretion Public Interest Presumption of Innocence

Case Brief

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Parties

Grant Brandon Noble

First Appellant

Azhak Dinath

Second Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail

Legal Issues

  1. 1 Whether the magistrate misdirected herself in refusing bail to the appellants
  2. 2 Whether the validity of the search warrant and lawfulness of the search should be determined at the bail stage
  3. 3 Whether the interest of the public or administration of justice justified refusal of bail despite no flight risk or interference with witnesses

Ratio Decidendi

The magistrate did not misdirect herself in refusing bail as the state established a prima facie case, the magnitude and public impact of the offence justified refusal in the interest of the public or administration of justice, and the issues raised by the appellants were matters for trial, not for the bail inquiry.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the refusal to admit each appellant to bail is dismissed.