Jephat Chaganda v The State

HB 49-19

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Case Details

Court

Bulawayo High Court

Date

9 May 2019

Citation

HB 49-19

Neutral Citation

[2019] ZWHB 49

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE J

Areas of Law

Criminal ProcedureBail Law

Keywords

bail applicationobstruction of justicewitness interferencecompelling reasons

Tags

bailcriminal procedurewitness interferenceobstruction of justice

legislation

Statutes Cited

Criminal Justice Act 2003
Human Rights Act 1998
European Convention on Human Rights
Prison Act 1952
Offender Rehabilitation Act 2014
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Criminal Justice and Courts Act 2015
Constitutional Reform Act 2005
Courts and Legal Services Act 1990
Access to Justice Act 1999
Tribunals, Courts and Enforcement Act 2007
Legal Services Act 2007
Coroners and Justice Act 2009
Crime and Courts Act 2013
Criminal Justice and Court Services Act 2000
Powers of Criminal Courts (Sentencing) Act 2000
Criminal Courts (Sentencing) Act 2000
Criminal Procedure Rules 2015
Civil Procedure Rules 1998
Family Procedure Rules 2010
Tribunal Procedure Rules 2013
Prison Rules 1999
Young Offender Institution Rules 2000
Secure Training Centre Rules 1998
Rehabilitation of Offenders Act 1974
Data Protection Act 2018
Freedom of Information Act 2000
Equality Act 2010
Children Act 1989
Children Act 2004
Youth Justice and Criminal Evidence Act 1999
Criminal Evidence (Witness Anonymity) Act 2008
Coronavirus Act 2020
Public Health (Control of Disease) Act 1984
Health and Social Care Act 2008
Mental Health Act 1983
Mental Capacity Act 2005
Care Act 2014
Safeguarding Vulnerable Groups Act 2006
Serious Crime Act 2007
Policing and Crime Act 2009
Anti-social Behaviour, Crime and Policing Act 2014
Serious Organised Crime and Police Act 2005
Proceeds of Crime Act 2002
Fraud Act 2006
Theft Act 1968
Criminal Damage Act 1971
Public Order Act 1986
Offences Against the Person Act 1861
Sexual Offences Act 2003
Domestic Violence, Crime and Victims Act 2004
Protection from Harassment Act 1997
Stalking Protection Act 2019
Modern Slavery Act 2015
Immigration Act 1971
Immigration and Asylum Act 1999
Nationality, Immigration and Asylum Act 2002
Borders, Citizenship and Immigration Act 2009
Immigration Act 2014
Immigration Act 2016
Extradition Act 2003
Crime (International Co-operation) Act 2003
Council of Europe Convention on Action against Trafficking in Human Beings
UN Convention against Torture
UN Convention on the Rights of the Child
UN Convention on the Rights of Persons with Disabilities
Geneva Convention relating to the Status of Refugees
European Convention on Extradition
European Convention on Mutual Assistance in Criminal Matters
Treaty on the Functioning of the European Union
Charter of Fundamental Rights of the European Union
European Arrest Warrant Framework Decision
Schengen Agreement
Dublin Regulation
EU Victims' Rights Directive
EU Procedural Safeguards Directive
EU Legal Aid Directive
EU Data Protection Directive
EU General Data Protection Regulation
Council of Europe Convention on Cybercrime
Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
UN Convention against Corruption
UN Convention against Transnational Organized Crime
UN Convention on the Law of the Sea
Vienna Convention on the Law of Treaties
Rome Statute of the International Criminal Court
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural Rights
Universal Declaration of Human Rights
American Convention on Human Rights
African Charter on Human and Peoples' Rights
Arab Charter on Human Rights
ASEAN Human Rights Declaration
Commonwealth Charter
Magna Carta
Bill of Rights 1689
Act of Settlement 1701
Union with Scotland Act 1706
Union with Ireland Act 1800
Parliament Acts 1911 and 1949
Life Peerages Act 1958
Peerage Act 1963
House of Lords Act 1999
Constitutional Reform and Governance Act 2010
Fixed-term Parliaments Act 2011
Dissolution and Calling of Parliament Act 2022
Elections Act 2022
Representation of the People Act 1983
Representation of the People Act 1985
Representation of the People Act 2000
Political Parties, Elections and Referendums Act 2000
Electoral Administration Act 2006
Parliamentary Voting System and Constituencies Act 2011
Recall of MPs Act 2015
Local Government Act 1972
Local Government Act 2000
Localism Act 2011
Cities and Local Government Devolution Act 2016
Local Government and Public Involvement in Health Act 2007
Local Government (Religious etc. Observances) Act 2015
Local Government and Elections (Wales) Act 2021
Government of Wales Act 1998
Government of Wales Act 2006
Wales Act 2014
Wales Act 2017
Scotland Act 1998
Scotland Act 2012
Scotland Act 2016
Scotland Act 2020
Northern Ireland Act 1998
Northern Ireland (St Andrews Agreement) Act 2006
Northern Ireland (Miscellaneous Provisions) Act 2014
Northern Ireland (Executive Formation etc) Act 2019
Northern Ireland (Executive Formation etc) Act 2020
Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022
European Union (Withdrawal) Act 2018
European Union (Withdrawal) Act 2020
European Union (Future Relationship) Act 2020
European Union (Withdrawal Agreement) Act 2020
Retained EU Law (Revocation and Reform) Act 2023
United Kingdom Internal Market Act 2020
Trade Act 2021
Trade (Australia and New Zealand) Act 2023
Trade Union and Labour Relations (Consolidation) Act 1992
Employment Rights Act 1996
National Minimum Wage Act 1998
Employment Relations Act 1999
Employment Act 2002
Work and Families Act 2006
Pensions Act 2004
Pensions Act 2007
Pensions Act 2008
Pensions Act 2011
Pensions Act 2014
Pension Schemes Act 2015
Pension Schemes Act 2021
Social Security Contributions and Benefits Act 1992
Social Security Administration Act 1992
Social Security Act 1998
Welfare Reform Act 2007
Welfare Reform Act 2009
Welfare Reform Act 2012
Welfare Reform and Work Act 2016
Social Security (Scotland) Act 2018
Child Support Act 1991
Child Support, Pensions and Social Security Act 2000
Child Maintenance and Other Payments Act 2008
Child Poverty Act 2010
Children and Families Act 2014
Education Act 1996
Education Act 2002
Education and Inspections Act 2006
Education and Skills Act 2008
Apprenticeships, Skills, Children and Learning Act 2009
Education Act 2011
Children and Families Act 2014
Education and Adoption Act 2016
Higher Education and Research Act 2017
Technical and Further Education Act 2017
Further Education and Training Act 2007
School Standards and Framework Act 1998
Learning and Skills Act 2000
Learning and Skills (Wales) Measure 2009
Education (Wales) Measure 2011
Education (Wales) Act 2014
Education (Wales) Act 2021
Higher Education (Wales) Act 2015
Further and Higher Education Act 1992
Further and Higher Education Act 2022
National Health Service Act 1977
National Health Service Act 2006
National Health Service (Consequential Provisions) Act 2006
Health Act 1999
Health Act 2006
Health and Social Care Act 2008
Health and Social Care Act 2012
Care Act 2014
Health Service Commissioner for England (Amendment) Act 2018
National Health Service (Amendment) Act 2020
Health and Care Act 2022
NHS Wales Act 2006
NHS Wales (Consequential Provisions) Act 2006
Health (Wales) Act 2021
Public Health (Wales) Act 2017
Health and Social Care (Quality and Engagement) (Wales) Act 2020
National Health Service (Scotland) Act 1978
Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016
Health and Social Care (Scotland) Act 2022
Health and Personal Social Services (Northern Ireland) Order 1972
Health and Personal Social Services (Northern Ireland) Order 1991
Health and Social Care (Reform) Act (Northern Ireland) 2009
Health and Social Care Act (Northern Ireland) 2022
Public Health Act 1984
Public Health (Control of Disease) Act 1984
Public Health (Infectious Diseases) Regulations 1988
Public Health (Notification of Infectious Diseases) Regulations 2010
Public Health (Wales) Act 2017
Public Health etc. (Scotland) Act 2008
Public Health (Minimum Price for Alcohol) (Wales) Act 2018
Public Health (Minimum Unit Price for Alcohol) (Scotland) Act 2012
Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020
Health Protection (Coronavirus, Restrictions) (No. 3) (England) Regulations 2020
Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020
Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020
Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020
Health Protection (Coronavirus, International Travel) (England) Regulations 2020
Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Wales) Regulations 2020
Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Scotland) Regulations 2020
Health Protection (Coronavirus, International Travel and Public Health Information to Travellers) (Northern Ireland) Regulations 2020
Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021
Health Protection (Coronavirus, International Travel and Operator Liability) (Wales) Regulations 2021
Health Protection (Coronavirus, International Travel and Operator Liability) (Scotland) Regulations 2021
Health Protection (Coronavirus, International Travel and Operator Liability) (Northern Ireland) Regulations 2021
Health Protection (Coronavirus, Testing Requirements and Standards) (England) Regulations 2021
Health Protection (Coronavirus, Testing Requirements and Standards) (Wales) Regulations 2021
Health Protection (Coronavirus, Testing Requirements and Standards) (Scotland) Regulations 2021
Health Protection (Coronavirus, Testing Requirements and Standards) (Northern Ireland) Regulations 2021
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 2) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 2) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 2) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 2) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 3) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 3) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 3) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 3) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 4) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 4) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 4) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 4) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 5) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 5) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 5) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 5) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 6) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 6) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 6) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 6) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 7) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 7) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 7) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 7) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 8) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 8) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 8) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 8) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 9) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 9) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 9) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 9) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 10) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 10) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 10) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 10) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 11) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 11) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 11) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 11) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 12) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 12) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 12) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 12) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 13) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 13) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 13) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 13) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 14) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 14) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 14) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 14) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 15) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 15) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 15) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 15) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 16) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 16) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 16) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 16) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 17) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 17) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 17) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 17) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 18) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No. 18) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Scotland) (Amendment) (No. 18) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Northern Ireland) (Amendment) (No. 18) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (England) (Amendment) (No. 19) Regulations 2020
Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and Restrictions: All Tiers) (Wales) (Amendment) (No

ai analysis

Case Summary

Key Issues

{"issue_text":"Whether there are compelling reasons to deny bail to applicant charged with defeating the course of justice","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant was on bail for related offence; alleged witness interference; pending trial"}

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background

Facts of the Case

Background

The applicant, who was already on trial for gold theft, applied for bail after being charged with defeating or obstructing the course of justice. The state alleged he attempted to interfere with witnesses by offering them money to relocate and change contact details to avoid police investigation into the theft of 28kgs of gold from Plumtree Police Station.

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