Putswane and Another v S (CA &R 51/13) [2013] ZANCHC 41 (6 September 2013)

Putswane and Another v S (CA &R 51/13) [2013] ZANCHC 41 (6 September 2013)

The Court found that the Magistrate did not err in refusing bail to the appellants. The evidence indicated a strong likelihood that the appellants would attempt to evade trial if released, as demonstrated by their flight from the police and lack of ties to the jurisdiction where the offence occurred. The appellants failed to provide sufficient evidence to satisfy the Court that the interests of justice permitted their release. The Magistrate's brief reasons, though not comprehensive, did not amount to a misdirection or wrongful exercise of discretion. The appeal was therefore dismissed.

Citation
[2013] ZANCHC 41
Parties
Appellant: Kgotso Victor Putswane; Appellant: John Motlhageng Khutledi; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
6 September 2013
Case Number
CA &R 51/13
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail
Outcome
Appeal dismissed; bail remains refused.
Judges
MV Phatshoane
Legal Topics
Bail Application, Robbery With Aggravating Circumstances, Schedule 5 Offence, Schedule 1 Offence, Risk of Evasion, Personal Circumstances
Criminal Law Bail Application Robbery With Aggravating Circumstances Schedule 5 Offence Schedule 1 Offence Risk of Evasion Personal Circumstances

Case Brief

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Parties

Kgotso Victor Putswane

Appellant

John Motlhageng Khutledi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail

Legal Issues

  1. 1 Whether the Magistrate erred in refusing bail to the appellants.
  2. 2 Whether the charge of robbery with aggravating circumstances constitutes a schedule 6 offence.
  3. 3 Whether the personal circumstances of the appellants were properly considered.

Ratio Decidendi

The Court found that the Magistrate did not err in refusing bail to the appellants. The evidence indicated a strong likelihood that the appellants would attempt to evade trial if released, as demonstrated by their flight from the police and lack of ties to the jurisdiction where the offence occurred. The appellants failed to provide sufficient evidence to satisfy the Court that the interests of justice permitted their release. The Magistrate's brief reasons, though not comprehensive, did not amount to a misdirection or wrongful exercise of discretion. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed; bail remains refused.

Orders

  • The appeal is dismissed.