S v Rupeyo & Anor (B 1293 of 2015) [2015] ZWHHC 432 (4 May 2015)

S v Rupeyo & Anor (B 1293 of 2015) [2015] ZWHHC 432 (4 May 2015)

Given the seriousness of the offence, the circumstances of the applicants' apprehension, and the unlikelihood of a non-custodial sentence even if the conviction is reduced to theft, bail pending appeal is not justified.

Source-derived case information.

Citation
[2015] ZWHHC 432
Parties
Applicant: Misheck Rupeyo; Applicant: Fungai Saikonda; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
4 May 2015
Case Number
B 1293 of 2015
Procedural Posture
Criminal / Bail Application Pending Appeal
Outcome
application for bail pending appeal dismissed
Legal Topics
Bail Pending Appeal, Robbery, Theft, Sentencing
Source Language
english
Criminal Law Bail Pending Appeal Robbery Theft Sentencing

Source-derived case record

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Parties

Misheck Rupeyo

Applicant

Fungai Saikonda

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Appeal

Legal Issues

  1. 1 Whether the applicants have prospects of success on appeal to justify bail pending appeal
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

Given the seriousness of the offence, the circumstances of the applicants' apprehension, and the unlikelihood of a non-custodial sentence even if the conviction is reduced to theft, bail pending appeal is not justified.

Court Disposition

application for bail pending appeal dismissed

Orders

  • Application for bail pending appeal is dismissed.