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Harare High Court
The State v Arnold Kwarira and Cain Gambara
HH 25-24
Case Details
Court
Harare High Court
Date
17 January 2024
Citation
HH 25-24
Neutral Citation
[2024] ZWHH 25
Outcome
unknown
Case Type
Application
Bench
Presiding
MUTEVEDZI J
Full Bench
MUTEVEDZI J
Areas of Law
Criminal ProcedureBail Law
Keywords
bail pending trialreverse onusthird schedule offenceflight riskdanger to society
Tags
bailrobberythird schedule offence
legislation
Statutes Cited
- Criminal Procedure and Evidence 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 bear the onus to show it is in the interests of justice to be granted bail for a third schedule offence","issue_type":"law","dispositive":"yes","related_facts":"Offence is armed robbery listed in third schedule"}
- {"issue_text":"Whether applicants are flight risks","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants evaded arrest for over two years"}
- {"issue_text":"Whether applicants pose danger to society","issue_type":"mixed","dispositive":"yes","related_facts":"Violence used in robbery, accomplices at large"}
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background
Facts of the Case
Background
The applicants, Arnold Kwarira and Cain Gambara, jointly applied for bail pending trial on charges of armed robbery. They allegedly attacked Chinese nationals at a residence in Pomona, stole 600 grams of gold, cellphones, a gold chain and USD $10,000 cash. Both applicants were arrested more than two years after the offence, having been on the run.
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