S v Nyambuya & Ors (CRB B 353 of 2003; CRB B 355 of 2003) [2003] ZWHHC 56 (27 March 2003)

S v Nyambuya & Ors (CRB B 353 of 2003; CRB B 355 of 2003) [2003] ZWHHC 56 (27 March 2003)

There is a substantial prima facie case against the applicants for a well-planned murder committed to steal, with strong evidence including possession of the deceaseds' property and detailed statements. Given the likelihood of a death sentence or long custodial sentence and no protestation of innocence, the risk of absconding is high, making bail inappropriate.

Citation
[2003] ZWHHC 56
Parties
Applicant: Joyce Nyambua; Applicant: Modyne Nyambua; Applicant: Brian Rwata; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
27 March 2003
Case Number
CRB B 353 of 2003 ; CRB B 355 of 2003
Procedural Posture
Criminal / Bail Application
Outcome
bail denied
Legal Topics
Bail, Murder, Prima Facie Case, Presumption of Innocence
Source Language
English
Criminal Law Bail Murder Prima Facie Case Presumption of Innocence

Case Brief

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Parties

Joyce Nyambua

Applicant

Modyne Nyambua

Applicant

Brian Rwata

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the applicants should be granted bail pending trial for murder

Ratio Decidendi

There is a substantial prima facie case against the applicants for a well-planned murder committed to steal, with strong evidence including possession of the deceaseds' property and detailed statements. Given the likelihood of a death sentence or long custodial sentence and no protestation of innocence, the risk of absconding is high, making bail inappropriate.

Court Disposition

bail denied

Orders

  • Bail is denied.