S v Ben (B 1266 of 2016; HH 61 of 2017) [2017] ZWHHC 61 (31 January 2017)

S v Ben (B 1266 of 2016; HH 61 of 2017) [2017] ZWHHC 61 (31 January 2017)

There are no arguable or viable grounds for appeal as the issues raised by the applicant were fully addressed by the magistrate, and the evidence supports the conviction. The applicant failed to discharge the onus required for bail pending appeal.

Citation
[2017] ZWHHC 61
Parties
Applicant: Christopher Ben; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
31 January 2017
Case Number
B 1266 of 2016 ; HH 61 of 2017
Procedural Posture
Criminal / Bail Pending Appeal
Outcome
Application for bail pending appeal dismissed
Legal Topics
Bail Pending Appeal, Rape, Conviction, Sentencing
Source Language
English
Criminal Law Bail Pending Appeal Rape Conviction Sentencing

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Parties

Christopher Ben

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted bail pending appeal in a rape conviction

Ratio Decidendi

There are no arguable or viable grounds for appeal as the issues raised by the applicant were fully addressed by the magistrate, and the evidence supports the conviction. The applicant failed to discharge the onus required for bail pending appeal.

Court Disposition

Application for bail pending appeal dismissed

Orders

  • Application for bail pending appeal is dismissed