S v Moyo (107 of 2022) [2022] ZWBHC 107 (7 April 2022)

S v Moyo (107 of 2022) [2022] ZWBHC 107 (7 April 2022)

The applicant is not a suitable candidate for bail due to the seriousness of the charges, strong prima facie case, positive identification at the scene, and high risk of abscondment as evidenced by his attempted flight during arrest.

Citation
[2022] ZWBHC 107
Parties
Applicant: Mahluli Moyo; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
7 April 2022
Case Number
107 of 2022
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
application for bail pending trial dismissed
Legal Topics
Bail, Attempted Murder, Malicious Damage to Property, Unlawful Entry, Assault
Source Language
English
Criminal Law Bail Attempted Murder Malicious Damage to Property Unlawful Entry Assault

Case Brief

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Parties

Mahluli Moyo

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant is a suitable candidate for bail pending trial
  2. 2 Whether the applicant is a flight risk
  3. 3 Whether the applicant was properly identified at the scene of the crime

Ratio Decidendi

The applicant is not a suitable candidate for bail due to the seriousness of the charges, strong prima facie case, positive identification at the scene, and high risk of abscondment as evidenced by his attempted flight during arrest.

Court Disposition

application for bail pending trial dismissed

Orders

  • application for bail pending trial is hereby dismissed