S v Rance (HCB 169 of 2004) [2004] ZWBHC 128 (15 December 2004)

S v Rance (HCB 169 of 2004) [2004] ZWBHC 128 (15 December 2004)

Reduction of charges from five to two counts does not materially alter the risk of abscondment or likelihood of a custodial sentence; applicant failed to prove on a balance of probabilities that he will attend trial.

Citation
[2004] ZWBHC 128
Parties
Applicant: Daniel Rance; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
15 December 2004
Case Number
HCB 169 of 2004
Procedural Posture
Bail Application / Ruling on Second Bail Application Pending Trial
Outcome
application dismissed
Legal Topics
Bail, Changed Circumstances, Theft of Motor Vehicle, Pre Trial Detention
Source Language
English
Criminal Law Criminal Procedure Bail Changed Circumstances Theft of Motor Vehicle Pre Trial Detention

Case Brief

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Parties

Daniel Rance

Applicant

The State

Respondent

Procedural Posture

Bail Application / Ruling on Second Bail Application Pending Trial

Legal Issues

  1. 1 Whether there are changed circumstances justifying grant of bail after previous refusal
  2. 2 Whether reduction of charges materially affects bail eligibility
  3. 3 Whether risk of abscondment or interference with witnesses persists

Ratio Decidendi

Reduction of charges from five to two counts does not materially alter the risk of abscondment or likelihood of a custodial sentence; applicant failed to prove on a balance of probabilities that he will attend trial.

Court Disposition

application dismissed

Orders

  • bail application is dismissed