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Criminal Law [2024] ZAGPJHC 383

Dubule and Another v S (SS59/2023)

Dubule and Another v S (SS59/2023) [2024] ZAGPJHC 383 (20 March 2024)

The court found that neither applicant had discharged the onus of proving exceptional circumstances justifying release on bail. The medical and psychological conditions of the applicants' children, while unfortunate, were not substantiated by sufficient medical evidence nor shown to be directly linked to the applicants' incarceration. The social worker's report lacked diagnostic authority and failed to establish a causal connection. The applicants' financial and employment claims were unsubstantiated. The seriousness of the offences, the applicants' criminal histories, and the strength of the…

  • Bail Application
  • Exceptional Circumstances
  • Schedule 6 Offences
  • Child Rights Under Section 28
  • Flight Risk
  • Strength Of State Case
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