S v Gounden (9783/2012) [2012] ZAKZDHC 60 (9 October 2012)

S v Gounden (9783/2012) [2012] ZAKZDHC 60 (9 October 2012)

The High Court found that the magistrate was not wrong in refusing bail. The appellant was charged with assault with intent to do grievous bodily harm while out on bail for robbery, and had a previous conviction for assault. The evidence indicated a propensity for violent offences and a real likelihood of committing further offences while on bail. The appellant failed to discharge the onus of showing that the interests of justice permitted his release, as required by Section 60(11)(b) of the Criminal Procedure Act. The affidavit submitted by the appellant was insufficient and not subject to cross-examination, and the withdrawal of charges did not conclusively end those matters. The risk...

Citation
[2012] ZAKZDHC 60
Parties
Appellant: Brandon Gounden; Respondent: The State
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
9 October 2012
Case Number
9783/2012
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail
Outcome
Appeal dismissed; bail remains refused.
Judges
K Pillay
Legal Topics
Bail Application, Onus of Proof, Schedule 1 Offences, Interests of Justice, Judicial Discretion
Criminal Law Civil Procedure Bail Application Onus of Proof Schedule 1 Offences Interests of Justice Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Brandon Gounden

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail

Legal Issues

  1. 1 Whether the magistrate misdirected herself in refusing bail to the appellant.
  2. 2 Whether the appellant discharged the onus of showing that the interests of justice permit his release.
  3. 3 Whether the appellant's release would endanger public safety, risk interference with witnesses, or lead to further offences.

Ratio Decidendi

The High Court found that the magistrate was not wrong in refusing bail. The appellant was charged with assault with intent to do grievous bodily harm while out on bail for robbery, and had a previous conviction for assault. The evidence indicated a propensity for violent offences and a real likelihood of committing further offences while on bail. The appellant failed to discharge the onus of showing that the interests of justice permitted his release, as required by Section 60(11)(b) of the Criminal Procedure Act. The affidavit submitted by the appellant was insufficient and not subject to cross-examination, and the withdrawal of charges did not conclusively end those matters. The risk...

Court Disposition

Appeal dismissed; bail remains refused.

Orders

  • The appeal against the refusal of bail is dismissed.
  • The appellant shall remain in custody pending trial.