S v Chauke (16 of 2021) [2021] ZWMSVHC 16 (26 February 2021)

S v Chauke (16 of 2021) [2021] ZWMSVHC 16 (26 February 2021)

The applicant has no prospects of success on appeal as the evidence against him is overwhelming, the state witnesses were credible, and the applicant’s version is illogical and unsupported. Therefore, bail pending appeal is not justified.

Citation
[2021] ZWMSVHC 16
Parties
Applicant: Forward Halata Chauke; Respondent: The State
Court
Masvingo High Court
Jurisdiction
Zimbabwe
Judgment Date
26 February 2021
Case Number
16 of 2021
Procedural Posture
Criminal / Bail Pending Appeal
Outcome
Application for bail pending appeal dismissed.
Legal Topics
Bail Pending Appeal, Possession of Ivory, Possession of Animal Parts, Prospects of Success on Appeal, Risk of Abscondment
Source Language
English
Criminal Law Wildlife Law Bail Pending Appeal Possession of Ivory Possession of Animal Parts Prospects of Success on Appeal Risk of Abscondment

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Parties

Forward Halata Chauke

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted bail pending appeal
  2. 2 Whether there are prospects of success on appeal against conviction for possession of ivory and animal parts

Ratio Decidendi

The applicant has no prospects of success on appeal as the evidence against him is overwhelming, the state witnesses were credible, and the applicant’s version is illogical and unsupported. Therefore, bail pending appeal is not justified.

Court Disposition

Application for bail pending appeal dismissed.

Orders

  • The application for bail pending appeal be and is hereby dismissed.