S v NEILL 1982 (1) ZLR 142 (H)

Flynote

Criminal procedure — appeal — appellant released on bail pending an appeal to the High Court but before the hearing of the appeal left the country in breach of his conditions of bail, by so doing becoming a fugitive from justice. Counsel for the State requested that in these circumstances the appeal be dismissed or at least struck off the roll, even though counsel appeared on the appellant's behalf. Appellant's counsel argued that the Court had a discretion as to whether or not to hear the appeal and advanced arguments as to why that discretion should be exercised in favour of the appellant.