ATTORNEY-GENERAL v SIWELA 2017 (1) ZLR 227 (S)

Flynote

Criminal procedure — bail — grant of — application for leave to appeal against order granting bail — basis on which leave may be granted.

Headnote

The respondent had been granted bail pending trial. The Attorney General appealed against the decision to grant bail and his appeal was dismissed by the High Court. He appealed to the Supreme Court, seeking the setting aside of the order of the court and an order that the respondent be remanded in custody. The grounds for appeal were that, once released on bail, the respondent was likely to continue committing offences similar to that with which he is charged, and it was not in the interests of justice and State security to admit him to bail.

Held, that the power of the court to interfere with the decision of the court a quo is limited to instances where the decision is so unreasonable as to vitiate the decision made or to occasion a substantial miscarriage of justice.

Held, further, that the principles governing admission to bail of an accused who is alleged to have a propensity to commit similar offences while on bail are the credibility and substance of the evidence establishing such propensity. The offences must be of a similar nature, the offences need to be more than one or two and the accused must be incorrigible or unrepentant.