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Criminal Law [2019] ZAGPPHC 498

Bader v S (A242/2019)

Bader v S (A242/2019) [2019] ZAGPPHC 498; 2020 (2) SACR 444 (GP) (23 September 2019)

The court held that bail is generally available only before conviction, and after conviction, the presumption of innocence no longer applies. The trial court retains discretion to extend bail until sentencing, but this discretion can only be challenged if exercised incorrectly. The appellant failed to demonstrate that the Magistrate's decision was wrong or that exceptional circumstances justified his release on bail pending sentencing. The interests of justice and all relevant factors were considered cumulatively, and the requirements of section 65(4) of the Criminal Procedure Act were not me…

  • Bail Pending Sentence
  • Criminal Procedure Act
  • Judicial Discretion On Bail
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