S v Nyathi and Anor (HB 30 of 2006) [2006] ZWBHC 30 (10 May 2006)

S v Nyathi and Anor (HB 30 of 2006) [2006] ZWBHC 30 (10 May 2006)

The seriousness of the offence, coupled with the applicants' attempt to escape from lawful arrest, demonstrates a high likelihood of abscondment, justifying denial of bail to protect the administration of justice.

Citation
[2006] ZWBHC 30
Parties
Applicant: Abraham Nyathi; Applicant: Ackim Ndlovu; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
10 May 2006
Case Number
HB 30 of 2006
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
application dismissed
Legal Topics
Bail, Stock Theft, Abscondment, Presumption of Innocence
Source Language
English
Criminal Law Bail Stock Theft Abscondment Presumption of Innocence

Case Brief

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Parties

Abraham Nyathi

Applicant

Ackim Ndlovu

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicants should be granted bail pending trial given the seriousness of the offence and risk of abscondment

Ratio Decidendi

The seriousness of the offence, coupled with the applicants' attempt to escape from lawful arrest, demonstrates a high likelihood of abscondment, justifying denial of bail to protect the administration of justice.

Court Disposition

application dismissed