S v Kwarira and Another (25 of 2024) [2024] ZWHHC 9 (17 January 2024)

Applicants failed to discharge the onus required by law to show on a balance of probabilities that it is in the interests of justice to grant bail. Their history of absconding, the violent nature of the alleged offence, and the risk of regrouping with accomplices to commit further crimes justified denial of bail.

Citation: [2024] ZWHHC 9
Parties: Respondent: The State; Applicant: Arnold Kwarira; Applicant: Cain Gambara
Court: Harare High Court
Jurisdiction: Zimbabwe
Judgment Date: 17 January 2024
Case Number: 25 of 2024
Procedural Posture: Criminal / Bail Application Pending Trial
Outcome: bail denied
Legal Topics: Bail, Robbery, Flight Risk, Burden of Proof
Source Language: English

Criminal Law Bail Robbery Flight Risk Burden of Proof

Case Brief

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Parties

The State

Respondent

Arnold Kwarira

Applicant

Cain Gambara

Applicant

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

1 Whether the applicants should be granted bail pending trial for a third schedule offence under the Criminal Procedure & Evidence Act
2 Who bears the onus in bail applications for third schedule offences
3 Whether the applicants are a flight risk and a danger to society

Ratio Decidendi

Court Disposition

bail denied

Orders

Applications for bail pending trial by Arnold Kwarira and Cain Gambara are dismissed.