S v Kondo & Anor (HC B 1285 of 2016; HH 99 of 2017) [2016] ZWHHC 990 (29 December 2016)
Applicants failed to adduce evidence demonstrating on a balance of probabilities that it is in the interests of justice to grant them bail for Part I, Third Schedule offences; mere assertions are insufficient and the statutory burden was not discharged.
- Citation
- [2016] ZWHHC 990
- Parties
- Applicant: Vincent Kondo; Applicant: Edmore Marwizi Mapuranga; Respondent: The State
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 29 December 2016
- Case Number
- HC B 1285 of 2016 ; HH 99 of 2017
- Procedural Posture
- Criminal / Bail Application Pending Trial
- Outcome
- Bail application dismissed
- Legal Topics
- Bail, Burden of Proof, Armed Robbery, Firearm Offences
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Vincent Kondo
Applicant
Edmore Marwizi Mapuranga
Applicant
The State
Respondent
Procedural Posture
Criminal / Bail Application Pending Trial
Legal Issues
- 1 Whether the applicants are entitled to bail pending trial for armed robbery and firearm offences under Zimbabwean law
- 2 Who bears the burden of proof in bail applications for Third Schedule offences
- 3 Whether the applicants demonstrated that it is in the interests of justice to grant bail
Ratio Decidendi
Applicants failed to adduce evidence demonstrating on a balance of probabilities that it is in the interests of justice to grant them bail for Part I, Third Schedule offences; mere assertions are insufficient and the statutory burden was not discharged.
Court Disposition
Bail application dismissed
Orders
- Applicants' bail applications are dismissed
Full Case Text
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