REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK BAIL APPEAL RULING Case no: CA 14/2016 In the matter between: KAI RUST APPELLANT and THE STATE RESPONDENT Neutral citation: Rust v State (CA 14-2016) [2016] NAHCMD 184 (27 June 2016) Coram: USIKU J Heard: 6 June 2016 Delivered: 27 June 2016 Flynote: Criminal Procedure Bail Appeal against magistrate’s refusal to ̶ ̶ grant bail High Court hearing appeal can only set magistrate’s decision aside if it ̶ was clearly wrong Onus Applicant bearing onus on preponderance of ̶ ̶ probability to show why he should be released on bail Placing onus on the ̶ accused accordingly not in conflict with the constitution Magistrate’s decision not ̶ wrong Appeal dismissed. ̶ Criminal Procedure Bail Appeal against the magistrate’s refusal to Summary: ̶ bail in terms of s 65 of the Criminal Procedure Act 51 of 1977 The appellant ̶
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK BAIL APPEAL RULING Case no: CA 14/2016 In the matter between: KAI RUST APPELLANT and THE STATE RESPONDENT Neutral citation: Rust v State (CA 14-2016) [2016] NAHCMD 184 (27 June 2016) Coram: USIKU J Heard: 6 June 2016 Delivered: 27 June 2016 Flynote: Criminal Procedure ̶ Bail ̶ Appeal against magistrate’s refusal to grant bail ̶ High Court hearing appeal can only set magistrate’s decision aside if it was clearly wrong ̶ Onus ̶ Applicant bearing onus on preponderance of probability to show why he should be released on bail ̶ Placing onus on the accused accordingly not in conflict with the constitution ̶ Magistrate’s decision not wrong ̶ Appeal dismissed. Summary: Criminal Procedure ̶ Bail Appeal against the magistrate’s refusal to bail in terms of s 65 of the Criminal Procedure Act 51 of 1977 ̶ The appellant
Rust%20v%20State%20(CA%2014-2016)%20[2016]%20NAHCMD%20184%20(27%20June%202016).docx