S v Mutukuri (B 56 of 2015; HH 796 of 2016) [2016] ZWHHC 796 (7 December 2016)

S v Mutukuri (B 56 of 2015; HH 796 of 2016) [2016] ZWHHC 796 (7 December 2016)

The application for bail was dismissed because the applicant was the author of the delay in proceedings, there was a strong case against him, and there was a real risk of absconding. The interests of justice did not favour granting bail.

Citation
[2016] ZWHHC 796
Parties
Applicant: Jealous Mutukuri; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
7 December 2016
Case Number
B 56 of 2015 ; HH 796 of 2016
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
Application for bail dismissed
Legal Topics
Bail, Murder, Changed Circumstances, Fair Trial
Source Language
English
Criminal Law Bail Murder Changed Circumstances Fair Trial

Case Brief

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Parties

Jealous Mutukuri

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant should be admitted to bail on the basis of changed circumstances
  2. 2 Whether the delay in trial justifies granting bail

Ratio Decidendi

The application for bail was dismissed because the applicant was the author of the delay in proceedings, there was a strong case against him, and there was a real risk of absconding. The interests of justice did not favour granting bail.

Court Disposition

Application for bail dismissed

Orders

  • Application for bail is dismissed