S v Hewit & Ors (B 914 of 2015) [2015] ZWHHC 824 (20 October 2015)

S v Hewit & Ors (B 914 of 2015) [2015] ZWHHC 824 (20 October 2015)

The appellants are not proper candidates for bail as they are a flight risk, having been arrested while attempting to leave Zimbabwe through an illegal point of exit. The lower court did not misdirect itself in denying bail, and the state case is strong, especially for counts 1 and 2.

Citation
[2015] ZWHHC 824
Parties
Appellant: Hewit Edwin; Appellant: Pretorius Herbert John; Appellant: Blignaut Henrick Johannes; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
20 October 2015
Case Number
B 914 of 2015
Procedural Posture
Bail Appeal / Appeal Against Denial of Bail Pending Trial
Outcome
appeal dismissed
Legal Topics
Bail, Flight Risk, Smuggling, Illegal Export, Permit Requirements
Source Language
English
Criminal Law Immigration Law Wildlife Law Bail Flight Risk Smuggling Illegal Export Permit Requirements

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Parties

Hewit Edwin

Appellant

Pretorius Herbert John

Appellant

Blignaut Henrick Johannes

Appellant

The State

Respondent

Procedural Posture

Bail Appeal / Appeal Against Denial of Bail Pending Trial

Legal Issues

  1. 1 Whether the appellants should be granted bail pending trial
  2. 2 Whether the appellants are a flight risk
  3. 3 Whether the lower court misdirected itself in denying bail

Ratio Decidendi

The appellants are not proper candidates for bail as they are a flight risk, having been arrested while attempting to leave Zimbabwe through an illegal point of exit. The lower court did not misdirect itself in denying bail, and the state case is strong, especially for counts 1 and 2.

Court Disposition

appeal dismissed

Orders

  • Bail appeal is dismissed for lack of merit.