S v Macmillan (B 595 of 2007) [2007] ZWHHC 11 (23 May 2007)

S v Macmillan (B 595 of 2007) [2007] ZWHHC 11 (23 May 2007)

The Magistrate failed to identify any cognisable indication that the appellant would abscond or otherwise prejudice the interests of justice if released on bail; thus, refusal of bail was not justified.

Citation
[2007] ZWHHC 11
Parties
Appellant: Ewan Alexander Macmillan; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
23 May 2007
Case Number
B 595 of 2007
Procedural Posture
Bail Appeal / Appeal Against Refusal of Bail by Magistrates Court
Outcome
appeal allowed
Legal Topics
Bail, Abscondment, Onus in Bail Applications, Gold Trade Act Offences
Source Language
English
Criminal Law Criminal Procedure Bail Abscondment Onus in Bail Applications Gold Trade Act Offences

Case Brief

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Parties

Ewan Alexander Macmillan

Appellant

The State

Respondent

Procedural Posture

Bail Appeal / Appeal Against Refusal of Bail by Magistrates Court

Legal Issues

  1. 1 Whether the Magistrate erred in refusing bail to the appellant
  2. 2 Whether there was a cognisable indication that the appellant would abscond if released on bail
  3. 3 What is the correct approach to onus in bail applications

Ratio Decidendi

The Magistrate failed to identify any cognisable indication that the appellant would abscond or otherwise prejudice the interests of justice if released on bail; thus, refusal of bail was not justified.

Court Disposition

appeal allowed

Orders

  • The Magistrate's decision refusing bail is set aside.
  • The appellant is admitted to bail on agreed stringent conditions.