S v Dausab (2) (Judgment : bail application) (CC 38 of 2009) [2010] NAHC 90 (20 September 2010)

S v Dausab (2) (Judgment : bail application) (CC 38 of 2009) [2010] NAHC 90 (20 September 2010)

The applicant failed to prove on a balance of probabilities that his release would not prejudice the administration of justice or endanger the public, particularly in light of the seriousness of the charges, the strength of the State's case, and his lack of candour regarding personal circumstances and pending cases.

Citation
[2010] NAHC 90
Parties
Applicant: Julius Dausab; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
20 September 2010
Case Number
CC 38 of 2009
Procedural Posture
Criminal / Bail Application
Outcome
Bail application refused
Legal Topics
Bail, Right to Liberty, Presumption of Innocence, Murder, Arms and Ammunition Offences
Source Language
English
Criminal Law Constitutional Law Bail Right to Liberty Presumption of Innocence Murder Arms and Ammunition Offences

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Parties

Julius Dausab

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the applicant should be granted bail pending trial
  2. 2 Whether the applicant's release would prejudice the administration of justice or endanger the public

Ratio Decidendi

The applicant failed to prove on a balance of probabilities that his release would not prejudice the administration of justice or endanger the public, particularly in light of the seriousness of the charges, the strength of the State's case, and his lack of candour regarding personal circumstances and pending cases.

Court Disposition

Bail application refused

Orders

  • The accused’s bail application is refused.
  • The accused is remanded in custody pending his trial.