S v Bumes (CC 1 of 2020) [2022] NAHCNLD 123 (18 November 2022)

S v Bumes (CC 1 of 2020) [2022] NAHCNLD 123 (18 November 2022)

The applicants failed to present new facts that were either truly new or sufficient to displace the initial grounds for refusal of bail. The alleged new facts were either previously considered, irrelevant to the reasons for refusal, or insufficient to justify release. The seriousness of the offences, public interest, and applicants' propensity to commit similar offences outweigh any new circumstances presented.

Citation
[2022] NAHCNLD 123
Parties
1st Applicant: Simon Festus Bumes; 2nd Applicant: Kalola Vaino Ningeni; Respondent: The State
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
18 November 2022
Case Number
CC 1 of 2020
Procedural Posture
Criminal / Bail Application on New Facts After Initial Refusal
Outcome
Bail application on new facts dismissed for both applicants.
Legal Topics
Bail, New Facts in Bail Applications, Wildlife Crime, Possession of Firearms, Possession of Controlled Wildlife Products, Theft, Prevention of Organized Crime
Source Language
English
Criminal Law Criminal Procedure Bail New Facts in Bail Applications Wildlife Crime Possession of Firearms Possession of Controlled Wildlife Products Theft +1 more

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Parties

Simon Festus Bumes

1st Applicant

Kalola Vaino Ningeni

2nd Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application on New Facts After Initial Refusal

Legal Issues

  1. 1 Whether the applicants presented new facts sufficient to warrant reconsideration of bail
  2. 2 Whether the new facts are relevant to the grounds on which bail was initially refused

Ratio Decidendi

The applicants failed to present new facts that were either truly new or sufficient to displace the initial grounds for refusal of bail. The alleged new facts were either previously considered, irrelevant to the reasons for refusal, or insufficient to justify release. The seriousness of the offences, public interest, and applicants' propensity to commit similar offences outweigh any new circumstances presented.

Court Disposition

Bail application on new facts dismissed for both applicants.

Orders

  • The application for bail on new facts is dismissed in respect of both applicants.