Mphetsheni v S (CA & R 4/18) [2018] ZANCHC 9 (2 March 2018)

Mphetsheni v S (CA & R 4/18) [2018] ZANCHC 9 (2 March 2018)

The court found that the appellant failed to discharge the burden of proving exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act for Schedule 6 offences. The magistrate had considered the relevant factors, including the appellant's personal circumstances, previous convictions, travel history, and the nature of the alleged offences. The appellant's concealment of information regarding his passport and border crossings, as well as the commission of the alleged offences while on bail for another matter, weighed against his release. The magistrate's finding that the State's case was prima facie strong and that there was a risk of interference with...

Citation
[2018] ZANCHC 9
Parties
Appellant: Mbuyiselo Ashley Mphetsheni; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
2 March 2018
Case Number
CA & R 4/18
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail by Magistrate's Court
Outcome
Appeal dismissed; bail remains refused.
Judges
Mamosebo
Legal Topics
Bail Application, Exceptional Circumstances, Criminal Procedure Act, Schedule 6 Offences, Judicial Discretion
Criminal Law Civil Procedure Bail Application Exceptional Circumstances Criminal Procedure Act Schedule 6 Offences Judicial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mbuyiselo Ashley Mphetsheni

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail by Magistrate's Court

Legal Issues

  1. 1 Whether the appellant discharged the burden under section 60(11)(a) of the Criminal Procedure Act to show exceptional circumstances permitting bail.
  2. 2 Whether the magistrate erred in refusing bail to the appellant.

Ratio Decidendi

The court found that the appellant failed to discharge the burden of proving exceptional circumstances as required by section 60(11)(a) of the Criminal Procedure Act for Schedule 6 offences. The magistrate had considered the relevant factors, including the appellant's personal circumstances, previous convictions, travel history, and the nature of the alleged offences. The appellant's concealment of information regarding his passport and border crossings, as well as the commission of the alleged offences while on bail for another matter, weighed against his release. The magistrate's finding that the State's case was prima facie strong and that there was a risk of interference with...

Court Disposition

Appeal dismissed; bail remains refused.

Orders

  • The appeal is dismissed.