B.T v S (A 118/2024)
B.T v S (A 118/2024) [2024] ZAWCHC 223 (31 July 2024)
The court found that the appellant failed to discharge the onus of proving exceptional circumstances justifying release on bail for Schedule 6 offences. The magistrate's refusal of bail was based on multiple factors: the risk to the complainant's safety, likelihood of intimidation, history of domestic violence, and manipulative conduct by the appellant. The court held that the new facts presented—mental health deterioration and employment loss—were either not sufficiently exceptional or were available at the time of the initial bail application and thus not truly new. The psychologist's repor…
Source excerpt
- Bail Application
- Exceptional Circumstances
- Domestic Violence
- Presumption Of Innocence
- Mental Health In Custody
- Protection Orders