S v Simukoko (HCB 182 of 2002) [2002] ZWBHC 141 (11 December 2002)

S v Simukoko (HCB 182 of 2002) [2002] ZWBHC 141 (11 December 2002)

The applicant failed to provide concrete and authentic proof of fixed abode, which is essential for a foreign national seeking bail. The lack of such proof militates against release on bail as the court cannot release him to a place whose ownership or occupation is in doubt.

Citation
[2002] ZWBHC 141
Parties
Applicant: Crissy Simukoko; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
11 December 2002
Case Number
HCB 182 of 2002
Procedural Posture
Bail Appeal / Judgment
Outcome
application dismissed
Legal Topics
Bail, Presumption of Innocence, Burden of Proof, Foreign Nationals
Source Language
English
Criminal Law Procedure Bail Presumption of Innocence Burden of Proof Foreign Nationals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Crissy Simukoko

Applicant

The State

Respondent

Procedural Posture

Bail Appeal / Judgment

Legal Issues

  1. 1 Whether the applicant should be granted bail pending trial
  2. 2 Whether the applicant has provided sufficient proof of fixed abode
  3. 3 Whether the applicant is likely to abscond or interfere with witnesses

Ratio Decidendi

The applicant failed to provide concrete and authentic proof of fixed abode, which is essential for a foreign national seeking bail. The lack of such proof militates against release on bail as the court cannot release him to a place whose ownership or occupation is in doubt.

Court Disposition

application dismissed