In the present case, the applicant was convicted of two counts of the very serious charge of rape. According to the principle enunciated above, that factor of being convicted of a serious offence, may lead to the refusal of bail. is also necessary to balance the likehood of the applicant absconding as against the “It prospects of success, these two factors being interconnected because the less likely are the prospects of success the more inducement there is to abscond. Where the prospect of success is weak, the length of the sentence imposed is a factor that weighs against the granting of Justice Patel in v (supra). bail.” Continued S Dzvairo In the present case, the conviction is of two counts of rape, a very serious offence as aforesaid. The sentence is long, 18 years, three suspended, effective 15 years. I have already indicated that my view is that there are no prospects of success in So if the applicant’s appeal. applicant is released on bail, the length of his sentence may induce him to abscond since there are no prospects of the appeal succeeding and the long custodial sentence being set aside. The case for bail pending appeal is based mainly on the delay applicant’s complainant’s in reporting and other alleged inconsistencies. However, as pointed out by Justice Zhou in the v the evidence of the complainant has to be Munyaradzi Kereke Francis Maramwidze supra; considered in its totality and not piece meal or in isolation from the rest of the evidence, including that of the accused person. In this instance the defence was a bare denial applicant’s as opposed to an affair which was belatedly hinted at by his defence lawyers. The suggestion of an affair by the defence lawyers is an indication that they accept the evidence complainant’s of sexual intercourse having taken place as opposed to the bare denial. accused’s Consequently, the application for bail pending appeal is dismissed. The applicant should prosecute his appeal whilst serving his sentence. legal practitioners M.C Mukome legal practitioners, applicant’s legal practitioners National prosecuting authority, State’s
In the present case, the applicant was convicted of two counts of the very serious charge of rape. According to the principle enunciated above, that factor of being convicted of a serious offence, may lead to the refusal of bail. “It is also necessary to balance the likehood of the applicant absconding as against the prospects of success, these two factors being interconnected because the less likely are the prospects of success the more inducement there is to abscond. Where the prospect of success is weak, the length of the sentence imposed is a factor that weighs against the granting of bail.” Continued Justice Patel in S v Dzvairo (supra). In the present case, the conviction is of two counts of rape, a very serious offence as aforesaid. The sentence is long, 18 years, three suspended, effective 15 years. I have already indicated that my view is that there are no prospects of success in applicant’s appeal. So if the applicant is released on bail, the length of his sentence may induce him to abscond since there are no prospects of the appeal succeeding and the long custodial sentence being set aside. The applicant’s case for bail pending appeal is based mainly on the complainant’s delay in reporting and other alleged inconsistencies. However, as pointed out by Justice Zhou in the Munyaradzi Kereke v Francis Maramwidze supra; the evidence of the complainant has to be considered in its totality and not piece meal or in isolation from the rest of the evidence, including that of the accused person. In this instance the applicant’s defence was a bare denial as opposed to an affair which was belatedly hinted at by his defence lawyers. The suggestion of an affair by the defence lawyers is an indication that they accept the complainant’s evidence of sexual intercourse having taken place as opposed to the accused’s bare denial. Consequently, the application for bail pending appeal is dismissed. The applicant should prosecute his appeal whilst serving his sentence. M.C Mukome legal practitioners, applicant’s legal practitioners National prosecuting authority, State’s legal practitioners