S v Ncube (HB 130 of 2016; HCB 61 of 2016) [2016] ZWBHC 130 (27 May 2016)

S v Ncube (HB 130 of 2016; HCB 61 of 2016) [2016] ZWBHC 130 (27 May 2016)

The appellant, a repeat offender convicted of fraud involving a substantial amount, has dim prospects of success on appeal and should remain in custody in the interest of justice. The seriousness of the offence, previous conviction, and lack of exceptional circumstances justify refusal of bail pending appeal.

Citation
[2016] ZWBHC 130
Parties
Appellant: Elphas Ncube; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
27 May 2016
Case Number
HB 130 of 2016 ; HCB 61 of 2016
Procedural Posture
Criminal / Bail Appeal After Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Bail Pending Appeal, Fraud, Sentencing, Repeat Offender
Source Language
English
Criminal Law Bail Pending Appeal Fraud Sentencing Repeat Offender

Case Brief

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Parties

Elphas Ncube

Appellant

The State

Respondent

Procedural Posture

Criminal / Bail Appeal After Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant should be granted bail pending appeal against sentence only
  2. 2 Whether previous conviction should be considered in bail application
  3. 3 Whether non-custodial sentence was appropriate

Ratio Decidendi

The appellant, a repeat offender convicted of fraud involving a substantial amount, has dim prospects of success on appeal and should remain in custody in the interest of justice. The seriousness of the offence, previous conviction, and lack of exceptional circumstances justify refusal of bail pending appeal.

Court Disposition

appeal dismissed

Orders

  • Appeal against refusal of bail pending appeal is dismissed.