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S v CHOMBO 2019 (3) ZLR 1069 (H)

2019 (3) ZLR p1069

Citation

2019 (3) ZLR 1069 (H)

Case No

Judgment No. HH-753-19

Court

High Court, Harare

Judge

Chitapi J

Heard

8 November 2019

Judgment

20 November 2019

Counsel

L Madhuku with T Muganhiri, for the appellant
E Makoto with F Nyahunzvi, for the respondent

Case Type

Appeal against refusal of bail

Annotations

Flynote

Court – judicial officer – duties – check on authorities cited – an irregularity to base decision on wrong premise without having check on it

Criminal procedure – bail – application – applicant's duty to advise court of previous conviction or other charges faced – non-disclosure of other charge – non-disclosure due to error on part of applicant's legal representatives – not permissible to hold such error against applicant if error unintentional

Criminal procedure – bail – variation of bail conditions – application based on new facts – court's duty to consider all the facts holistically

Words and phrases – "necessary and in the interests of justice"

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