S v MUTSURE 2018 (2) ZLR 520 (H)

2018 (2) ZLR p520

Flynote

Appeal – criminal matter – leave to appeal – application – when and how should be made – desirability of allowing time for counsel to prepare arguments – requirement that application should be made immediately after sentence is passed – possible prejudice to accused and effect on constitutional right of appeal

Appeal – criminal matter—leave to appeal – rationale for requirement – case management tool based on doctrine of finality to proceedings - need to apply immediately – decision to grant is that of judge – concession by State counsel that intended appeal enjoys prospects of success not binding on court

Criminal procedure – applications made during trial – concessions made by State in respect of applications – subject to scrutiny by the court – rationale – once a case has commenced, court is seized with it and concessions not in the interests of justice should not influence court in decision-making and must be refused

Criminal procedure – bail – pending appeal – burden of proof on the convict – proof on balance of probabilities that it is in the interest of justice for him to be released on bail