S v Tavengwa (HCB 19 of 2004) [2004] ZWBHC 21 (24 March 2004)

S v Tavengwa (HCB 19 of 2004) [2004] ZWBHC 21 (24 March 2004)

The respondent failed to attend court and present arguments against bail on three occasions, and there was no evidence presented to show the applicant was unlikely to stand trial or would interfere with witnesses. The presumption of innocence and the right to liberty required that bail be granted.

Citation
[2004] ZWBHC 21
Parties
Applicant: Simbarashe Tavengwa; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
24 March 2004
Case Number
HCB 19 of 2004
Procedural Posture
Bail Application / Bail Pending Trial
Outcome
application for bail granted
Legal Topics
Bail, Presumption of Innocence, Pre Trial Detention
Source Language
English
Criminal Law Criminal Procedure Bail Presumption of Innocence Pre Trial Detention

Case Brief

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Parties

Simbarashe Tavengwa

Applicant

The State

Respondent

Procedural Posture

Bail Application / Bail Pending Trial

Legal Issues

  1. 1 Whether the applicant should be granted bail pending trial

Ratio Decidendi

The respondent failed to attend court and present arguments against bail on three occasions, and there was no evidence presented to show the applicant was unlikely to stand trial or would interfere with witnesses. The presumption of innocence and the right to liberty required that bail be granted.

Court Disposition

application for bail granted

Orders

  • Applicant to pay a bail deposit of $100,000.00 with the Criminal Registry High Court, Bulawayo.
  • Applicant to reside at house number 487 First Street, Makokoba, Bulawayo until finalisation of the matter.