S v Packham (CC50/2018) [2018] ZAWCHC 183 (20 December 2018)

S v Packham (CC50/2018) [2018] ZAWCHC 183 (20 December 2018)

The court found, on a balance of probabilities, that the respondent was the author of the correspondence sent to L and F, including the December letter and October emails, in direct contravention of his bail conditions. The evidence, including the style and content of the communications and the circumstances under which they were sent, pointed to the respondent's deliberate and calculated actions to contact witnesses and possess electronic devices. The respondent's explanations were unconvincing and unsupported by the evidence. The court concluded that the respondent's continued disregard for bail conditions, despite previous warnings and increased bail, warranted the revocation of bail....

Citation
[2018] ZAWCHC 183
Parties
Applicant: The State; Respondent: Robin Leslie William Packham
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 December 2018
Case Number
CC50/2018
Procedural Posture
Bail Application / Application for Revocation of Bail Following Alleged Breach of Bail Conditions
Outcome
The respondent's bail is revoked due to breach of bail conditions. The bail money is to be returned to the depositor. The respondent is held in custody pending finalisation of the trial unless otherwise ordered.
Judges
Baartman
Legal Topics
Bail Revocation, Breach of Bail Conditions, Criminal Procedure Act Section 66, Witness Intimidation
Criminal Law Bail Revocation Breach of Bail Conditions Criminal Procedure Act Section 66 Witness Intimidation

Case Brief

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Parties

The State

Applicant

Robin Leslie William Packham

Respondent

Procedural Posture

Bail Application / Application for Revocation of Bail Following Alleged Breach of Bail Conditions

Legal Issues

  1. 1 Whether the respondent breached his bail conditions by contacting state witnesses and possessing electronic devices.
  2. 2 Whether the respondent's actions warrant the revocation of bail.
  3. 3 Whether the bail money should be declared forfeit.

Ratio Decidendi

The court found, on a balance of probabilities, that the respondent was the author of the correspondence sent to L and F, including the December letter and October emails, in direct contravention of his bail conditions. The evidence, including the style and content of the communications and the circumstances under which they were sent, pointed to the respondent's deliberate and calculated actions to contact witnesses and possess electronic devices. The respondent's explanations were unconvincing and unsupported by the evidence. The court concluded that the respondent's continued disregard for bail conditions, despite previous warnings and increased bail, warranted the revocation of bail....

Court Disposition

The respondent's bail is revoked due to breach of bail conditions. The bail money is to be returned to the depositor. The respondent is held in custody pending finalisation of the trial unless otherwise ordered.

Orders

  • The respondent has breached his bail conditions.
  • The bail of R75,000 is revoked and to be returned to the depositor.