S v Hwami (701 of 2021) [2021] ZWHHC 701 (23 April 2021)

S v Hwami (701 of 2021) [2021] ZWHHC 701 (23 April 2021)

The mere passage of time does not constitute a changed circumstance under s116(C) of the Criminal Procedure and Evidence Act. The applicant failed to present new facts arising after the previous bail denial. The application does not meet the statutory requirements for a further bail application.

Source-derived case information.

Citation
[2021] ZWHHC 701
Parties
Applicant: Wilbert Tawanda Hwami; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
23 April 2021
Case Number
701 of 2021
Procedural Posture
Criminal / Further Bail Application Post Initial Denial, Pre Trial
Outcome
Application dismissed
Legal Topics
Bail, Robbery, Delay in Trial
Source Language
english
Criminal Law Criminal Procedure Bail Robbery Delay in Trial

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Parties

Wilbert Tawanda Hwami

Applicant

The State

Respondent

Procedural Posture

Criminal / Further Bail Application Post Initial Denial, Pre Trial

Legal Issues

  1. 1 Whether the passage of time constitutes a changed circumstance justifying further bail application under s116(C) of the Criminal Procedure and Evidence Act
  2. 2 Whether the applicant has met the statutory requirements for a further bail application

Ratio Decidendi

The mere passage of time does not constitute a changed circumstance under s116(C) of the Criminal Procedure and Evidence Act. The applicant failed to present new facts arising after the previous bail denial. The application does not meet the statutory requirements for a further bail application.

Court Disposition

Application dismissed

Orders

  • Application for further bail is dismissed.