S v Sibanda & Anor (B 196 of 2020; HMA 47 of 2020; REF CRB DWP 405 of 2020; REF CRB DWP 406 of 2020) [2020] ZWMSVHC 47 (14 September 2020)

S v Sibanda & Anor (B 196 of 2020; HMA 47 of 2020; REF CRB DWP 405 of 2020; REF CRB DWP 406 of 2020) [2020] ZWMSVHC 47 (14 September 2020)

The Magistrate materially misdirected himself by adopting a blanket policy to deny bail in all robbery cases without considering the appellants' individual circumstances or the specific facts, thus failing to exercise judicial discretion properly. The seriousness of the offence alone is not sufficient to deny bail, and appropriate conditions can mitigate risks.

Citation
[2020] ZWMSVHC 47
Parties
Appellant: Ismael Sibanda; Appellant: Andrew Masango; Respondent: The State
Court
Masvingo High Court
Jurisdiction
Zimbabwe
Judgment Date
14 September 2020
Case Number
B 196 of 2020 ; HMA 47 of 2020 ; REF CRB DWP 405 of 2020 ; REF CRB DWP 406 of 2020
Procedural Posture
Criminal Appeal / Bail Appeal
Outcome
appeal allowed
Legal Topics
Bail, Robbery, Presumption of Innocence, Judicial Discretion
Source Language
English
Criminal Law Constitutional Law Bail Robbery Presumption of Innocence Judicial Discretion

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Parties

Ismael Sibanda

Appellant

Andrew Masango

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Bail Appeal

Legal Issues

  1. 1 Whether the Magistrate misdirected himself in denying bail to the appellants
  2. 2 Whether the appellants' constitutional right to be presumed innocent was infringed
  3. 3 Whether the Magistrate failed to consider the appellants' individual circumstances

Ratio Decidendi

The Magistrate materially misdirected himself by adopting a blanket policy to deny bail in all robbery cases without considering the appellants' individual circumstances or the specific facts, thus failing to exercise judicial discretion properly. The seriousness of the offence alone is not sufficient to deny bail, and appropriate conditions can mitigate risks.

Court Disposition

appeal allowed

Orders

  • Each appellant is granted bail upon depositing ZWL$10,000 with the Clerk of Court, Gweru.
  • Appellants to reside at House No. 502 Mbizo 5, Kwekwe until finalisation of the matter.