S v Gardner (B 920 of 2008) [2008] ZWHHC 60 (21 July 2008)

S v Gardner (B 920 of 2008) [2008] ZWHHC 60 (21 July 2008)

The trial court misdirected itself by considering only prospects of success and not other relevant factors. The applicant has shown that, due to likely delays in hearing the appeal and the short sentence, it is not in the interests of justice to deny bail. The risk of abscondment is not established merely by the...

Source-derived case information.

Citation
[2008] ZWHHC 60
Parties
Applicant: David Edward Gardner; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
21 July 2008
Case Number
B 920 of 2008
Procedural Posture
Bail Appeal / Appeal Against Refusal of Bail Pending Appeal
Outcome
Appeal allowed; bail granted.
Legal Topics
Bail Pending Appeal, Prospects of Success, Risk of Abscondment, Interests of Justice
Source Language
english
Criminal Law Bail Bail Pending Appeal Prospects of Success Risk of Abscondment Interests of Justice

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Parties

David Edward Gardner

Applicant

The State

Respondent

Procedural Posture

Bail Appeal / Appeal Against Refusal of Bail Pending Appeal

Legal Issues

  1. 1 Whether the trial court erred in refusing bail pending appeal by failing to consider all relevant factors
  2. 2 Whether the applicant has shown sufficient grounds for admission to bail pending appeal

Ratio Decidendi

The trial court misdirected itself by considering only prospects of success and not other relevant factors. The applicant has shown that, due to likely delays in hearing the appeal and the short sentence, it is not in the interests of justice to deny bail. The risk of abscondment is not established merely by the applicant's nationality. The appeal succeeds.

Court Disposition

Appeal allowed; bail granted.

Orders

  • The appellant is admitted to bail.
  • The appellant is to deposit the sum of $5 trillion with the Clerk of Court, Harare Magistrates court.