S v Labuschange (HB 139 of 2002; HCB 199 of 2002) [2002] ZWBHC 139 (27 November 2002)

S v Labuschange (HB 139 of 2002; HCB 199 of 2002) [2002] ZWBHC 139 (27 November 2002)

The application to vary bail conditions is dismissed because the trial is virtually concluded, there is no compelling necessity for the applicant to travel, and there remains a risk of absconding which is not justified by the applicant's reasons.

Citation
[2002] ZWBHC 139
Parties
Applicant: Russel Wayne Labuschange; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
27 November 2002
Case Number
HB 139 of 2002 ; HCB 199 of 2002
Procedural Posture
Criminal / Application to Vary Bail Conditions
Outcome
application dismissed
Legal Topics
Bail Variation, Murder Charge, Remand Conditions
Source Language
English
Criminal Law Bail Variation Murder Charge Remand Conditions

Case Brief

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Parties

Russel Wayne Labuschange

Applicant

The State

Respondent

Procedural Posture

Criminal / Application to Vary Bail Conditions

Legal Issues

  1. 1 Whether the applicant should be allowed to uplift his passport to attend a fishing convention in South Africa while on bail for murder

Ratio Decidendi

The application to vary bail conditions is dismissed because the trial is virtually concluded, there is no compelling necessity for the applicant to travel, and there remains a risk of absconding which is not justified by the applicant's reasons.

Court Disposition

application dismissed

Orders

  • The application to vary bail conditions is dismissed.