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Harare High Court
Robert Martin Gumbura & Anor v The State
HH 63-21
Case Details
Court
Harare High Court
Date
16 February 2021
Citation
HH 63-21
Neutral Citation
[2021] ZWHH 63
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Criminal ProcedureBail LawReview Proceedings
Keywords
bail pending reviewcriminal reviewprison protestescape attemptincitement
Tags
bail pending reviewcriminal reviewprison inmatesprotest
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- High Court Act
- High Court Act
- Criminal Law Codification and Reform Act
- Criminal Law Codification and Reform Act
- Criminal Law Codification and Reform Act
- Criminal Law Codification and Reform Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether section 123 of the Criminal Procedure and Evidence Act applies to accused persons who are not yet convicted and sentenced","issue_type":"legal","dispositive":"yes","related_facts":"Applicants are not yet convicted on current charges"}
- {"issue_text":"Whether bail pending review can be granted under the High Court Act","issue_type":"legal","dispositive":"yes","related_facts":"Review proceedings instituted under Order 33 rule 256"}
- {"issue_text":"Whether Chiduke's appeal complies with Rule 6 (1) (f) of the High Court Bail Rules","issue_type":"procedural","dispositive":"yes","related_facts":"No copy of bail judgment or transcript provided"}
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background
Facts of the Case
Background
The applicants, prison inmates at Chikurubi Maximum Security Prison, were charged with attempting to escape from custody, incitement to damage property, and incitement to assault peace officers following prison protests in February-March 2015. After their discharge application was dismissed at the close of the state case, they applied for review of that decision and now seek bail pending determination of the review application.
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