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Modise v S (A13/2021) [2021] ZAFSHC 46; 2021 (2) SACR 218 (FB) (22 February 2021)
Appeal against refusal of bail on new facts dismissed as moot after delay and later developments. Court noted the need to state the correct bail schedule and onus.
S v Alexander (CA & R 179/03) [2003] ZANCHC 48 (14 November 2003)
The court held that even if the appellant bore the onus to prove exceptional circumstances under section 60(11) of the Criminal Procedure Act, he had succeeded in doing so. The charge sheet was incomplete and did not clearly specify Schedule 5 or 6 offences, which undermined the State's reliance on the higher bail threshold. The State's case against the appellant was weak, relying mainly on the evidence of an accomplice who was also a single witness. The appellant had a fixed address, stable employment, was a first offender, and had dependents. There was no evidence that he posed a flight ris…
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