S v Shava (CRB MW 234 of 2016; HC B 40 of 2016; HMA 8 of 2021) [2016] ZWMSVHC 8 (8 November 2016)

S v Shava (CRB MW 234 of 2016; HC B 40 of 2016; HMA 8 of 2021) [2016] ZWMSVHC 8 (8 November 2016)

There are no compelling circumstances to deny the applicant bail pending trial. The constitutional right to bail prevails over statutory provisions shifting the burden of proof to the accused. The applicant's previous conviction and the seriousness of the offence do not, in themselves, constitute compelling reasons...

Source-derived case information.

Citation
[2016] ZWMSVHC 8
Parties
Applicant: Tavonga Shava; Respondent: The State
Court
Masvingo High Court
Jurisdiction
Zimbabwe
Judgment Date
8 November 2016
Case Number
CRB MW 234 of 2016 ; HC B 40 of 2016 ; HMA 8 of 2021
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
Bail granted pending trial
Legal Topics
Bail Pending Trial, Rape, Burden of Proof, Constitutional Supremacy, Previous Convictions
Source Language
english
Criminal Law Constitutional Law Bail Pending Trial Rape Burden of Proof Constitutional Supremacy Previous Convictions

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Parties

Tavonga Shava

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether there are compelling circumstances to deny bail pending trial for rape
  2. 2 Whether the applicant's age affects criminal responsibility and bail
  3. 3 Whether s 115C(2)(a)(ii)A of the Criminal Procedure & Evidence Act is constitutional

Ratio Decidendi

There are no compelling circumstances to deny the applicant bail pending trial. The constitutional right to bail prevails over statutory provisions shifting the burden of proof to the accused. The applicant's previous conviction and the seriousness of the offence do not, in themselves, constitute compelling reasons for continued detention.

Court Disposition

Bail granted pending trial

Orders

  • Applicant to deposit $50 with the clerk of court, Mwenezi
  • Applicant to reside with uncle and aunt at Mubaiwa Village, Chief Chitanga, Mwenezi until trial