S v Ngwanda & 3 Ors (B 2179 of 2020; HH 11 of 2021) [2021] ZWHHC 11 (15 January 2021)

S v Ngwanda & 3 Ors (B 2179 of 2020; HH 11 of 2021) [2021] ZWHHC 11 (15 January 2021)

Despite a misdirection on the question of onus, the appellants failed to prove on a balance of probabilities that it was in the interests of justice for them to be released on bail. The magistrate did not materially misdirect herself in finding a risk of abscondment, given the appellants' lack of ties, vague information, and the strength of the prosecution case. The complainant's hospitalization was a relevant factor. The appeal is dismissed.

Citation
[2021] ZWHHC 11
Parties
Appellant: Benjamin Ngwanda; Appellant: McCloud Magamu; Appellant: Mollet Masocha; Appellant: Simon Manhenga; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 January 2021
Case Number
B 2179 of 2020 ; HH 11 of 2021
Procedural Posture
Criminal Bail Appeal / Appeal Against Bail Refusal
Outcome
appeal dismissed
Legal Topics
Bail Pending Trial, Onus of Proof in Bail Applications, Risk of Abscondment, Strength of Prosecution Case, Hospitalization of Complainant
Source Language
English
Criminal Law Criminal Procedure Bail Pending Trial Onus of Proof in Bail Applications Risk of Abscondment Strength of Prosecution Case Hospitalization of Complainant

Case Brief

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Parties

Benjamin Ngwanda

Appellant

McCloud Magamu

Appellant

Mollet Masocha

Appellant

Simon Manhenga

Appellant

The State

Respondent

Procedural Posture

Criminal Bail Appeal / Appeal Against Bail Refusal

Legal Issues

  1. 1 Whether the magistrates court misdirected itself in refusing bail pending trial to the appellants
  2. 2 Whether the appellants discharged the onus to show it was in the interests of justice to be released on bail
  3. 3 Whether the magistrate properly considered the risk of abscondment, strength of prosecution case, and complainant's hospitalization

Ratio Decidendi

Despite a misdirection on the question of onus, the appellants failed to prove on a balance of probabilities that it was in the interests of justice for them to be released on bail. The magistrate did not materially misdirect herself in finding a risk of abscondment, given the appellants' lack of ties, vague information, and the strength of the prosecution case. The complainant's hospitalization was a relevant factor. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal against bail refusal in respect of all the appellants is dismissed.