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There were many contradictions during the trial, no evidence was led proving conspiracy to commit the robbery as alleged and no evidence was led to prove common purpose amongst those who were arrested. [2] the parties are “ad idem” that the notice of appeal was filed out of time. [11] it was argued that the state failed to present any evidence at the bail application
The circumstantial evidence relied upon by the magistrate was not substantiated by any direct evidence nor was there corroboration regarding counts one and two. This bail appeal concerns the decision of the ntabankulu magistrate’s court refusing to admit the appellant to bail Explore the magistrate’s detailed reasoning behind the denial of bail for tiffany nicole meek in the jayden lee meek investigation, explained clearly with references to key legal standards and evidentiary considerations.
Aggrieved by the refusal to admit him to bail the appellant approached this court on appeal
The matter served before van papendorp aj who, persuaded by the strength of the case against the appellant, dismissed the appeal having found that his personal circumstances did not. Those provisions are clearly prefatory and incidental to bail under s 60. Problematic aspects with regard to bail under south african law The reverse onus provisions and the admission of the evidence of the applicant for bail at the later criminal trial revisited.
As stated in the case of bruintjies 12 and mathebula 13, evidence on affidavit is less persuasive than oral evidence [2] despite the offender’s rights to apply for bail pending his appeal, the governing legislation in bail proceedings, the case law and the constitutional prescripts will remain key indicators in examining whether he/she is eligible to be admitted on bail, the interests of justice being the culmination of all things. [1] this is a bail appeal emanating from ntabankulu magistrate’s court under case number b66/2023
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