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Harare High Court
Garikai Sakala and Kufakunesu Kembo and Vengai Sakala and Jimmy Kanokora and Shine Chimuganu v The State
HH 161/2013
Case Details
Court
Harare High Court
Date
12 February 2013
Citation
HH 161/2013
Neutral Citation
[2013] ZWHH 161
Outcome
unknown
Case Type
Application
Bench
Presiding
Mwayera J
Full Bench
Mwayera J
Areas of Law
Criminal ProcedureBail Law
Keywords
MurderBail Pending TrialExceptional CircumstancesAbscondment Risk
Tags
Bail ApplicationMurder ChargeSection 117(6)(b) Exceptional Circumstances
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants are suitable candidates for bail pending trial","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants face serious murder charges with strong state case"}
- {"issue_text":"Whether applicants have satisfied the exceptional circumstances requirement under section 117(6)(b)","issue_type":"procedural","dispositive":"yes","related_facts":"Offence falls under Part 1 of Third Schedule requiring higher standard"}
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background
Facts of the Case
Background
Five applicants facing murder charges for allegedly causing death by assaulting the deceased with various weapons including knobkerries, chains, booted feet and open hands. They were indicted for trial commencing 23 March 2013 and removed from bail in terms of section 66(2) of the Criminal Procedure and Evidence Act.
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