S v Mudzingwa (HB 9 of 2007) [2007] ZWBHC 9 (24 January 2007)

S v Mudzingwa (HB 9 of 2007) [2007] ZWBHC 9 (24 January 2007)

There are no positive grounds for granting bail pending appeal where the applicant concedes an effective prison term, the sentence is within the appropriate range, there are no prospects of success on appeal, and there is a risk of absconding.

Citation
[2007] ZWBHC 9
Parties
Applicant: Herbert Matiyenga Mudzingwa; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
24 January 2007
Case Number
HB 9 of 2007
Procedural Posture
Criminal / Bail Application Pending Appeal
Outcome
application dismissed
Legal Topics
Bail Pending Appeal, Housebreaking, Theft, Sentencing
Source Language
English
Criminal Law Bail Pending Appeal Housebreaking Theft Sentencing

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Parties

Herbert Matiyenga Mudzingwa

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted bail pending appeal against sentence

Ratio Decidendi

There are no positive grounds for granting bail pending appeal where the applicant concedes an effective prison term, the sentence is within the appropriate range, there are no prospects of success on appeal, and there is a risk of absconding.

Court Disposition

application dismissed

Orders

  • Applicant is refused bail pending appeal against sentence.