Aubrey Cummings v The State

[2018] ZWHMA 17

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Case Details

Court

Masvingo High Court

Date

14 February 2018

Citation

[2018] ZWHMA 17

Judgment No.

HMA 17-18

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mafusire J

Full Bench

Mafusire JMawadze J

Areas of Law

Criminal procedureJudicial recusalNatural justice

Keywords

recusaljudicial biasnemo judex in sua causabail applicationappeal prospects

Key Issues

{"issue_text":"Whether Mafusire J should recuse himself from hearing the criminal appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Judge previously dismissed bail application finding no prospects of success"}

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Facts of the Case

Background

The appellant, convicted of rape by the Regional Magistrate's Court, appealed to the High Court. Before the appeal hearing, he requested the recusal of Mafusire J who had previously dismissed his bail application, arguing that the judge had expressed strong views about the lack of prospects of success of the appeal.

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