S v Shoko (HCB 122 of 2002) [2002] ZWBHC 137 (1 December 2002)

S v Shoko (HCB 122 of 2002) [2002] ZWBHC 137 (1 December 2002)

The applicant should not be denied bail solely on the seriousness of the offence or unsubstantiated fears of absconding or further offences; there was no evidence justifying continued incarceration, especially as investigations were incomplete and no trial date was set.

Citation
[2002] ZWBHC 137
Parties
Applicant: Tinashe Shoko; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
1 December 2002
Case Number
HCB 122 of 2002
Procedural Posture
Bail Application / Application for Bail Pending Trial
Outcome
bail granted
Legal Topics
Bail, Presumption of Innocence, Remand, Murder
Source Language
English
Criminal Law Bail Presumption of Innocence Remand Murder

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tinashe Shoko

Applicant

The State

Respondent

Procedural Posture

Bail Application / Application for Bail Pending Trial

Legal Issues

  1. 1 Whether the applicant should be granted bail pending trial for a charge of murder

Ratio Decidendi

The applicant should not be denied bail solely on the seriousness of the offence or unsubstantiated fears of absconding or further offences; there was no evidence justifying continued incarceration, especially as investigations were incomplete and no trial date was set.

Court Disposition

bail granted

Orders

  • Applicant to pay cash deposit of $10,000.00
  • Applicant to reside with his mother at Mataga Growth Point in Mberengwa