S v Chinyoka and Anor (HB 82 of 2008; HCB 110 of 2008; XREF HC 1760 of 2008) [2008] ZWBHC 55 (23 July 2008)

S v Chinyoka and Anor (HB 82 of 2008; HCB 110 of 2008; XREF HC 1760 of 2008) [2008] ZWBHC 55 (23 July 2008)

Given the applicants' discomfort with prison conditions, their means, possession of travel documents, and the strength of evidence against them, there is a significant risk of abscondment. Justice demands denial of bail to prevent frustration of the administration of justice.

Citation
[2008] ZWBHC 55
Parties
Applicant: Arnel Tamuka Chinyoka; Applicant: Clyde Michael Chimedza; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
23 July 2008
Case Number
HB 82 of 2008 ; HCB 110 of 2008 ; XREF HC 1760 of 2008
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
application dismissed
Legal Topics
Bail, Abscondment, Presumption of Innocence
Source Language
English
Criminal Law Bail Abscondment Presumption of Innocence

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Parties

Arnel Tamuka Chinyoka

Applicant

Clyde Michael Chimedza

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicants should be granted bail pending trial
  2. 2 Whether the applicants are likely to abscond if released on bail

Ratio Decidendi

Given the applicants' discomfort with prison conditions, their means, possession of travel documents, and the strength of evidence against them, there is a significant risk of abscondment. Justice demands denial of bail to prevent frustration of the administration of justice.

Court Disposition

application dismissed

Orders

  • The application for bail pending trial is dismissed.