S v Kuchata (B 952 of 2020; HH 486 of 2020) [2020] ZWHHC 486 (24 July 2020)

S v Kuchata (B 952 of 2020; HH 486 of 2020) [2020] ZWHHC 486 (24 July 2020)

The applicant failed to prove on a balance of probabilities that exceptional circumstances exist which justify his release on bail; the reasons advanced were not out of the ordinary and the delay in trial was not attributable to the State.

Citation
[2020] ZWHHC 486
Parties
Applicant: Owen Kuchata; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
24 July 2020
Case Number
B 952 of 2020 ; HH 486 of 2020
Procedural Posture
Criminal / Bail Application Ruling
Outcome
application for bail dismissed
Legal Topics
Bail, Treason, Burden of Proof, Exceptional Circumstances
Source Language
English
Criminal Law Bail Treason Burden of Proof Exceptional Circumstances

Case Brief

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Parties

Owen Kuchata

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether the applicant has demonstrated exceptional circumstances justifying release on bail for a treason charge under the Criminal Law (Codification and Reform) Act [Chapter 9:23]

Ratio Decidendi

The applicant failed to prove on a balance of probabilities that exceptional circumstances exist which justify his release on bail; the reasons advanced were not out of the ordinary and the delay in trial was not attributable to the State.

Court Disposition

application for bail dismissed

Orders

  • application for bail is dismissed