Wright v S (A796/2014) [2014] ZAGPPHC 893 (7 November 2014)

Wright v S (A796/2014) [2014] ZAGPPHC 893 (7 November 2014)

The court found that the appellant lacked immovable property, a fixed address, and employment in South Africa, and possessed two passports. She was apprehended while attempting to flee to Namibia and had transferred substantial funds to a Namibian bank account. The magistrate correctly concluded that the appellant is a flight risk and that releasing her on bail would jeopardize the investigation and prosecution. The interests of justice do not permit her release on bail pending trial. The appeal was dismissed.

Citation
[2014] ZAGPPHC 893
Parties
Appellant: Reinette Wright; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 November 2014
Case Number
A796/2014
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail Pending Trial
Outcome
Appeal dismissed. Bail refused.
Judges
A.M.L. Phatudi
Legal Topics
Bail Application, Flight Risk, Interest of Justice, Onus of Proof
Criminal Law Civil Procedure Bail Application Flight Risk Interest of Justice Onus of Proof

Case Brief

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Parties

Reinette Wright

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail Pending Trial

Legal Issues

  1. 1 Whether the appellant should be released on bail pending trial.
  2. 2 Whether the appellant is a flight risk and likely to abscond if released on bail.
  3. 3 Whether the interests of justice permit the release of the appellant on bail.

Ratio Decidendi

The court found that the appellant lacked immovable property, a fixed address, and employment in South Africa, and possessed two passports. She was apprehended while attempting to flee to Namibia and had transferred substantial funds to a Namibian bank account. The magistrate correctly concluded that the appellant is a flight risk and that releasing her on bail would jeopardize the investigation and prosecution. The interests of justice do not permit her release on bail pending trial. The appeal was dismissed.

Court Disposition

Appeal dismissed. Bail refused.

Orders

  • The appellant's appeal is dismissed.