Petersen v S (A717/07)
Petersen v S (A717/07) [2008] ZAWCHC 11; [2008] 3 All SA 301 (C) ; 2008 (2) SACR 355 (C) (27 February 2008)
The court found that the appellant had not discharged the onus of proving exceptional circumstances justifying her release on bail pending trial for a schedule 6 offence. The so-called new facts presented in the second bail application were either known at the time of the first application or were speculative and did not materially alter the case. The appellant's improved health undermined her claim of exceptional circumstances, and the necessity for continuous nursing and family support was not substantiated. The evidence showed that Zaynab's primary caregivers were the deceased and domestic…
Source excerpt
- Bail Pending Trial
- Exceptional Circumstances
- Child Care And Best Interests
- Onus Of Proof
- Schedule 6 Offences