S v Nyaruviro & Anor (HB 262 of 2017; HCB 122 of 2017; XREF CRB 1454 of 2017) [2017] ZWBHC 262 (31 August 2017)
The applicants failed to demonstrate exceptional circumstances justifying release on bail for a serious offence carrying a mandatory minimum sentence. The strength of the State's case and the risk of abscondment outweigh the applicants' personal circumstances.
- Citation
- [2017] ZWBHC 262
- Parties
- 1st Applicant: Webster Nyaruviro; 2nd Applicant: Max Bloomton; Respondent: The State
- Court
- Bulawayo High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 31 August 2017
- Case Number
- HB 262 of 2017 ; HCB 122 of 2017 ; XREF CRB 1454 of 2017
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- Application for bail dismissed
- Legal Topics
- Bail, Possession of Ivory, Exceptional Circumstances, Risk of Abscondment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Webster Nyaruviro
1st Applicant
Max Bloomton
2nd Applicant
The State
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether applicants are entitled to bail pending trial for possession of ivory under the Parks and Wildlife Act
- 2 Whether exceptional circumstances exist to justify release on bail
Ratio Decidendi
The applicants failed to demonstrate exceptional circumstances justifying release on bail for a serious offence carrying a mandatory minimum sentence. The strength of the State's case and the risk of abscondment outweigh the applicants' personal circumstances.
Court Disposition
Application for bail dismissed
Orders
- Applicants to remain in custody pending trial
Full Case Text
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