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Criminal Law [2024] ZAGPPHC 1351

Mathebula and Another v S (CC40/2020)

Mathebula and Another v S (CC40/2020) [2024] ZAGPPHC 1351 (9 December 2024)

The applicants failed to discharge the onus of proving exceptional circumstances justifying release on bail for Schedule 6 offences. Both are implicated by video footage and witness testimony in serious crimes, including robbery with aggravating circumstances and murder. The first applicant was apprehended fleeing the scene with a firearm and stolen money, and is visible in multiple crime scene videos. The second applicant has prior convictions, was on parole at the time of the offences, and refused to participate in the identification parade. The court found that the interests of justice do…

  • Bail Under Schedule 6
  • Exceptional Circumstances
  • Interests Of Justice
  • Identification Parade
  • Robbery With Aggravating Circumstances
  • Murder
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