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South Africa Case Law

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Criminal Law [2024] ZAECMKHC 59

Williams v S (CA&R 92/2024)

Williams v S (CA&R 92/2024) [2024] ZAECMKHC 59 (12 June 2024)

High Court bail appeal upheld after the magistrate failed to weigh the appellant’s minor children’s interests and did not properly deal with alleged witness intimidation.

  • Bail Application
  • Magistrate Discretion
  • Schedule 5 Offence
  • Interests Of Minor Children
  • Witness Intimidation
  • Bail-appeal
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Criminal Law [2024] ZAECMHC 27

Gombe v S (CA&R06/2024)

Gombe v S (CA&R06/2024) [2024] ZAECMHC 27 (2 May 2024)

The court held that the appellant failed to establish exceptional circumstances justifying release on bail for a Schedule 6 offence. The Magistrate did not materially misdirect himself in refusing bail. The appellant's personal circumstances—including his immigration status, health condition, and financial responsibilities—were not sufficiently out of the ordinary to meet the statutory threshold. The interests of his minor children, while relevant, did not override the interests of justice. The state case was not shown to be weak, and the appellant did not prove that acquittal was probable. T…

  • Bail Application
  • Exceptional Circumstances
  • Schedule 6 Offence
  • Presumption Of Innocence
  • Flight Risk
  • Interests Of Minor Children
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