Invalid reasons for refusal (Zimbabwe): Difference between revisions
Ddemetriou (talk | contribs) Created page with 'The seriousness of the offence is not per se a reason to refuse bail: Kanoda & Ors HH-200-90. In Hussey 1991 (2) ZLR 187 (S) the Supreme Court stated that the fact that X was cha�' |
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Fears for the safety of the accused because of the unlawful actions of a mob outside the court room, threatening to kill the accused, are not a ground to refuse to grant bail, particularly once the accused is removed from the area: Bhebhe & Ors HB-25-02. | Fears for the safety of the accused because of the unlawful actions of a mob outside the court room, threatening to kill the accused, are not a ground to refuse to grant bail, particularly once the accused is removed from the area: Bhebhe & Ors HB-25-02. | ||
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See [[Zimbabwe | Zimbabwe Criminal Defense Manual]] | |||
Latest revision as of 15:06, 3 August 2010
The seriousness of the offence is not per se a reason to refuse bail: Kanoda & Ors HH-200-90. In Hussey 1991 (2) ZLR 187 (S) the Supreme Court stated that the fact that X was charged with a serious offence which was prevalent and which would normally attract a lengthy prison sentence on conviction was only one of the factors to be considered when deciding whether or not to grant bail. This fact alone does not justify refusal of bail.
It is not proper to refuse bail just because a date has been set for hearing the case, except in exceptional cases as, for instance, where release of X on bail would create transport or accommodation problems for him: Chiadzwa 1988 (2) ZLR 19 (S).
Fears for the safety of the accused because of the unlawful actions of a mob outside the court room, threatening to kill the accused, are not a ground to refuse to grant bail, particularly once the accused is removed from the area: Bhebhe & Ors HB-25-02.
