Brits v S (CA & R 29/21)
Brits v S (CA & R 29/21) [2021] ZANCHC 21 (21 July 2021)
The court held that the appellant failed to establish exceptional circumstances as required by s60(11)(a) of the Criminal Procedure Act. Her health was stable and managed in custody, her business interests did not require her immediate involvement, and her children's material and physical needs were met, with only emotional needs in contention. The court found that emotional needs alone, without independent evidence, did not constitute exceptional circumstances. The cumulative effect of all circumstances did not rise to the level required to permit release on bail. The Magistrate's decision w…
Source excerpt
- Bail Application
- Exceptional Circumstances
- Presumption Of Innocence
- Onus Of Proof
- Child Welfare
- Release Pending Trial