S v Moda (464 of 2023) [2023] ZWHHC 412 (24 May 2023)

S v Moda (464 of 2023) [2023] ZWHHC 412 (24 May 2023)

The applicant failed to discharge the burden of proving on a balance of probabilities that it is in the interests of justice to grant bail. His conduct in fleeing the scene, lack of credible explanation, and the strength of the prosecution case indicate he is a flight risk and not a suitable candidate for bail.

Citation
[2023] ZWHHC 412
Parties
Applicant: Ronald Moda; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
24 May 2023
Case Number
464 of 2023
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
application for bail pending trial dismissed
Legal Topics
Bail, Murder, Flight Risk, Burden of Proof
Source Language
English
Criminal Law Bail Murder Flight Risk Burden of Proof

Case Brief

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Parties

Ronald Moda

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending trial for a murder charge
  2. 2 Who bears the burden of proof in bail applications for Third Schedule offences
  3. 3 Whether the applicant is a flight risk

Ratio Decidendi

The applicant failed to discharge the burden of proving on a balance of probabilities that it is in the interests of justice to grant bail. His conduct in fleeing the scene, lack of credible explanation, and the strength of the prosecution case indicate he is a flight risk and not a suitable candidate for bail.

Court Disposition

application for bail pending trial dismissed

Orders

  • The application for bail pending trial is hereby dismissed.