High Court Corruption and Economic Crimes Division - 2018 February

2 judgments
  • Filters
  • Judges
  • Alphabet
Sort by:
2 judgments
Citation
Judgment date
February 2018
Statutory 30‑litre precursor‑chemical threshold bars bail; High Court must dismiss the bail application.
* Criminal procedure – Bail – Drug Control and Enforcement Act, s.29(1)(c) – statutory prohibition of bail where accused charged with precursor chemicals of 30 litres+ (liquid) or 30 kg+ (solid). * Statutory interpretation – "precursor chemical" defined as chemical used in manufacturing narcotic drugs or psychotropic substances; no ambiguity warranting favourable construction at bail stage. * Jurisdiction – Corruption and Economic Crimes Division is the court referenced by s.29(1) and therefore bound by its bail prohibition. * Evidentiary issues (whether a substance is a precursor) are for trial, not bail proceedings.
28 February 2018
A DPP certificate under section 36(2) EOCCA cannot automatically bar judicial consideration of a bail application.
Criminal procedure — Bail — DPP certificate under s36(2) EOCCA — Parimateria with s148(4) CPA — Mtobesya’s ruling — Prosecutorial duties (s8 National Prosecution Services Act) — Timing and reasons for certificate — Judicial jurisdiction to hear bail applications.
26 February 2018