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Bulawayo High Court
Nqobile Moyo v The State
HB 99/20
Case Details
Court
Bulawayo High Court
Date
28 May 2020
Citation
HB 99/20
Neutral Citation
[2020] ZWHB 99
Outcome
unknown
Case Type
Application
Bench
Presiding
DUBE-BANDA J
Full Bench
DUBE-BANDA J
Areas of Law
Criminal procedureBail law
Keywords
bail pending trialmurderrapethird schedule offenceexceptional circumstancesinterests of justice
Tags
bailmurderrapethird schedule offence
legislation
Statutes Cited
- Criminal Law [Codification and Reform] Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Constitution of Zimbabwe Amendment (No. 13) Act 2013
- Constitution of Zimbabwe Amendment (No. 13) Act 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has discharged the onus of showing that it is in the interests of justice for him to be released on bail pending trial","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant charged with murder (Third Schedule offence), applicant admits to killing, no defence presented, strong State case"}
- {"issue_text":"Whether section 50(1)(d) or 50(4)(d) of the Constitution is the appropriate provision for anchoring bail application after initial court appearance","issue_type":"procedural","dispositive":"no","related_facts":"Applicant had already appeared before magistrates court"}
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background
Facts of the Case
Background
The applicant, charged with murder allegedly committed after raping his cousin, applied for bail pending trial. The murder occurred on 20 January 2020 at Stanhope North, Nyamandlovu, where the accused allegedly raped and strangled the deceased, then burned and buried her body in a shallow grave.
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