S v Hoxobeb (3) (CC 19 of 2020) [2021] NAHCMD 226 (12 May 2021)

S v Hoxobeb (3) (CC 19 of 2020) [2021] NAHCMD 226 (12 May 2021)

The applicant has a propensity for violent offences, the State has a strong prima facie case, and his release would be prejudicial to the maintenance of law and order and the administration of justice. The applicant failed to discharge the onus to show on a balance of probabilities that bail should be granted. His constitutional rights are not absolute and are not infringed by refusal of bail in these circumstances.

Citation
[2021] NAHCMD 226
Parties
Applicant: Petrus Hoxobeb; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
12 May 2021
Case Number
CC 19 of 2020
Procedural Posture
Criminal / Bail Application Ruling
Outcome
Bail application dismissed
Legal Topics
Bail, Murder, Assault by Threat, Domestic Violence, Presumption of Innocence, Right to Liberty
Source Language
English
Criminal Law Constitutional Law Bail Murder Assault by Threat Domestic Violence Presumption of Innocence Right to Liberty

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Parties

Petrus Hoxobeb

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the applicant should be granted bail pending trial for murder and assault by threat
  2. 2 Whether refusal of bail infringes the applicant's constitutional rights under Articles 7 and 12 of the Namibian Constitution
  3. 3 Whether the applicant is likely to abscond, interfere with witnesses, commit further offences, or prejudice the administration of justice if released

Ratio Decidendi

The applicant has a propensity for violent offences, the State has a strong prima facie case, and his release would be prejudicial to the maintenance of law and order and the administration of justice. The applicant failed to discharge the onus to show on a balance of probabilities that bail should be granted. His constitutional rights are not absolute and are not infringed by refusal of bail in these circumstances.

Court Disposition

Bail application dismissed

Orders

  • The application for bail is dismissed.