Davies v S (CA&R 103/2024)
Davies v S (CA&R 103/2024) [2024] ZAECMKHC 69 (19 June 2024)
The magistrate erred by relying on public opinion and a community petition, which lacked evidential value, and failed to properly weigh the appellant's personal circumstances and the interests of justice. There was no evidence that the appellant would endanger public safety or disturb public order if released. The requirements of sections 60(4)(a) and (e) of the Criminal Procedure Act were not met, and the magistrate did not undertake the necessary balancing exercise under sections 60(9) and (10). The appellant's lack of previous convictions, verified address, and family responsibilities were…
Source excerpt
- Bail Application
- Interests Of Justice
- Schedule 5 Offences
- Public Opinion In Bail
- Criminal Procedure Act
- Weighing Personal Circumstances