M.C v S (C03/17) [2020] ZAMPMHC 29 (26 June 2020)

M.C v S (C03/17) [2020] ZAMPMHC 29 (26 June 2020)

The applicant failed to discharge the onus of proving exceptional circumstances justifying release on bail for Schedule 6 offences. His personal and financial circumstances, including the death of his wife and the need to care for his children, do not constitute exceptional circumstances on a balance of probabilities. The evidence shows he was not the primary caregiver and had little involvement with his family during his absconding. His explanation for absconding is improbable and rejected. The State's case is prima facie strong, linking him to multiple violent crimes and a criminal enterprise. His previous conduct demonstrates a high risk of absconding and disregard for bail conditions....

Citation
[2020] ZAMPMHC 29
Parties
Applicant: M C; Respondent: The State
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
26 June 2020
Case Number
C03/17
Procedural Posture
Bail Application / Application for Bail After Rearrest and Forfeiture of Previous Bail
Outcome
Application for bail refused.
Judges
Brauckmann
Legal Topics
Bail Application, Schedule 6 Offences, Exceptional Circumstances, Absconding, Primary Caregiver, Prevention of Organised Crime Act
Criminal Law Civil Procedure Bail Application Schedule 6 Offences Exceptional Circumstances Absconding Primary Caregiver Prevention of Organised Crime Act

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Parties

M C

Applicant

The State

Respondent

Procedural Posture

Bail Application / Application for Bail After Rearrest and Forfeiture of Previous Bail

Legal Issues

  1. 1 Whether the applicant has established exceptional circumstances justifying release on bail under section 60(11)(b) of the Criminal Procedure Act for Schedule 6 offences.
  2. 2 Whether the applicant's personal and financial circumstances, including the death of his wife and care of his children, constitute exceptional circumstances.
  3. 3 Whether the applicant will attend his trial if released on bail, considering his previous absconding.

Ratio Decidendi

The applicant failed to discharge the onus of proving exceptional circumstances justifying release on bail for Schedule 6 offences. His personal and financial circumstances, including the death of his wife and the need to care for his children, do not constitute exceptional circumstances on a balance of probabilities. The evidence shows he was not the primary caregiver and had little involvement with his family during his absconding. His explanation for absconding is improbable and rejected. The State's case is prima facie strong, linking him to multiple violent crimes and a criminal enterprise. His previous conduct demonstrates a high risk of absconding and disregard for bail conditions....

Court Disposition

Application for bail refused.

Orders

  • The applicant's application to be released on bail is refused.