Shivolo v S (HC-NLD-CRI-APP-CAL 62 of 2020) [2021] NAHCNLD 32 (26 March 2021)

Shivolo v S (HC-NLD-CRI-APP-CAL 62 of 2020) [2021] NAHCNLD 32 (26 March 2021)

The magistrate did not err in refusing bail as the offences are serious, listed under Part IV of Schedule 2, and section 61 of the Criminal Procedure Act was correctly applied. The appellant failed to prove on a preponderance of probability that he is a suitable candidate for bail or that the magistrate misdirected himself.

Citation
[2021] NAHCNLD 32
Parties
Appellant: Sebron Shivolo; Respondent: The State
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
26 March 2021
Case Number
HC-NLD-CRI-APP-CAL 62 of 2020
Procedural Posture
Criminal Appeal / Bail Appeal Ruling
Outcome
appeal dismissed
Legal Topics
Bail, Refusal of Bail, Public Interest, Onus of Proof, Magistrate's Discretion
Source Language
English
Criminal Law Criminal Procedure Bail Refusal of Bail Public Interest Onus of Proof Magistrate's Discretion

Case Brief

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Parties

Sebron Shivolo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Bail Appeal Ruling

Legal Issues

  1. 1 Whether the magistrate erred in refusing bail to the appellant
  2. 2 Whether the appellant demonstrated he is a suitable candidate for bail
  3. 3 Whether the refusal of bail was justified under section 61 of the Criminal Procedure Act

Ratio Decidendi

The magistrate did not err in refusing bail as the offences are serious, listed under Part IV of Schedule 2, and section 61 of the Criminal Procedure Act was correctly applied. The appellant failed to prove on a preponderance of probability that he is a suitable candidate for bail or that the magistrate misdirected himself.

Court Disposition

appeal dismissed

Orders

  • The condonation application is granted.
  • The appeal against the refusal of bail is dismissed.