CRIMINAL PROCEDURE – BAIL APPEAL AGAINST REFUSAL TO GRANT BAIL – FACTORS CONSIDERED; POWERS OF COURT OF APPEAL TO INTERFERE WITH DECISION OF COURT A QUO

CRIMINAL PROCEDURE – BAIL APPEAL AGAINST REFUSAL TO GRANT BAIL – FACTORS CONSIDERED; POWERS OF COURT OF APPEAL TO INTERFERE WITH DECISION OF COURT A QUO

The applicant unsuccessfully applied for bail in the Magistrate’s Court sitting at Gobabis where he was charged with rape of a girl under the age of 12 years, read with the provisions of the Combating of Domestic Violence Act 4 of 2003. The respondent opposed bail and called the investigating officer in support of its opposition.

In refusing bail, the court a quo considered that the state has proved a strong . . .

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