S v Mathuthu (B 29 of 2015; HH 182 of 2017) [2017] ZWHHC 182 (17 March 2017)

S v Mathuthu (B 29 of 2015; HH 182 of 2017) [2017] ZWHHC 182 (17 March 2017)

The applicant failed to demonstrate any exceptional change in circumstances since the previous denial of bail. The seriousness of the offence, the overwhelming evidence against him, and the risk of absconding remain unchanged. The passage of time alone does not entitle the applicant to bail.

Citation
[2017] ZWHHC 182
Parties
Applicant: Thembinkosi Mathuthu; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
17 March 2017
Case Number
B 29 of 2015 ; HH 182 of 2017
Procedural Posture
Bail Application / Ruling on Renewed Bail Application Pending Trial
Outcome
application for bail pending trial dismissed
Legal Topics
Bail Pending Trial, Murder, Robbery, Changed Circumstances, Pre Trial Detention
Source Language
English
Criminal Law Criminal Procedure Bail Pending Trial Murder Robbery Changed Circumstances Pre Trial Detention

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Parties

Thembinkosi Mathuthu

Applicant

The State

Respondent

Procedural Posture

Bail Application / Ruling on Renewed Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant has demonstrated changed or exceptional circumstances warranting review of the previous denial of bail pending trial
  2. 2 Whether the passage of time or other developments since the last application entitle the applicant to bail

Ratio Decidendi

The applicant failed to demonstrate any exceptional change in circumstances since the previous denial of bail. The seriousness of the offence, the overwhelming evidence against him, and the risk of absconding remain unchanged. The passage of time alone does not entitle the applicant to bail.

Court Disposition

application for bail pending trial dismissed

Orders

  • Applicant’s application for bail pending trial is dismissed.
  • Registrar to forward a copy of the judgment to the Prosecutor General.